Railway Law, Law No. 06/2017/QH14

ORDER

On the promulgation of law[1]

THE PRESIDENT OF THE SOCIALIST REPUBLIC OF VIETNAM

Pursuant to Articles 88 and 91 of the Constitution of the Socialist Republic of Vietnam;

Pursuant to Article 80 of the Law on Promulgation of Legal Documents,

PROMULGATES:

The Railway Law,

Which was passed on June 16, 2017, by the XIV^thNational Assembly of the Socialist Republic of Vietnam at its 3^rdsession.

President of the Socialist Republic of Vietnam
TRAN DAI QUANG

RAILWAY LAW[2]

Pursuant to the Constitution of the Socialist Republic of Vietnam;

The National Assembly promulgates the Railway Law.

Chapter I

GENERAL PROVISIONS

Article 1.Scope of regulation

This Law prescribes railway infrastructure planning, investment, construction, protection, management, maintenance and development; railway industry, rolling stocks; railway signals and rules and railway order and safety assurance; railway business; the rights and obligations of organizations and individuals involved in railway activities; and the state management of railway activities.

Article 2.Subjects of application

This Law applies to domestic and foreign organizations and individuals involved in railway activities in the territory of the Socialist Republic of Vietnam.

Article 3.Interpretation of terms

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

1.Combined bridgemeans a bridge with its surface used by both rolling stocks and road vehicles.

2.Train operationmeans activities to operate the movement of rolling stocks.

3.Possessionsmeans evidence permitting rolling stocks to move into a station-to-station section, which is expressed in color light signal, semaphore signal, line card, license and line note.

4.Load passmeans the regulations on the permitted maximum load per axle and the permitted maximum evenly spread load according to the length of rolling stocks, which are applied to each railway bridge, section, station-to-station section, depot-to-depot section or rail line.

5.Speed passmeans the regulations on the permitted maximum speed of a rolling stock running on each railway bridge, section, station-to-station section, depot-to-depot section or rail line.

6.Railway workmeans a work constructed in service of railway transport. These works include railways, bridges, culverts, tunnels, embankments, retaining walls, stations, depots, water drainage system, communication and signaling system, fixed signaling system, power supply system and other railway works and support facilities.

7.Railway industrial workmeans a work constructed in service of manufacture, assembly, repair and transformation of rolling stocks; manufacture of railway accessories, spare parts, supplies and specialized equipment.

8.Depotmeans the place where trains are marshalled, maintained, repaired and undergo other technical operations.

9.Crossroadmeans a road section crossing a railway at the same level, which is built and operated under the permission of a competent agency.

10.Express railwaymeans a type of national railway designed for a speed of 200 km/h or over, with the gauge of 1,435 mm, double-tracked and electrified.

11.Railway stationmeans the place where rolling stocks stop, give way and overtake, passengers embark and disembark from and cargo is loaded onto and unloaded from rolling stocks, technical operations are performed and other services are provided.

12.Extra-heavy cargomeans undetachable cargo with a weight exceeding the permitted tonnage of a wagon or, when loaded onto a wagon, with a total weight of cargo and wagon exceeding the tonnage stated in the announced load pass.

13.Extra-long cargomeans undetachable cargo with a size exceeding the limit size of the locomotive or the limit size and length of the wagon running on a railway with the corresponding gauge, when loaded onto a wagon.

14.Railway activitiesmeans activities of organizations and individuals in the fields of railway planning, business, traffic order and safety assurance and other related activities.

15.Railway infrastructureincludes railway works, railway work protection areas and railway safety corridors.

16.Station platformmeans a railway work in a railway station in service of passengers embarking and disembarking from trains and cargo loading and unloading.

17.Railway gaugemeans the shortest distance between two inner faces of the rails.

18.Station-to-station sectionmeans the railway section connecting two successive railway stations, which starts from the station-entry signaling post of one station to the nearest station-entry signaling post of the other station.

19.Depot-to-depot sectionmeans a combination of a number of successive station-to-station sections and railway stations suitable for train operations.

20.Railway infrastructure businessmeans the carrying out of one, a number or all of activities of railway infrastructure investment, use, sale, lease, and transfer of the right to operate rail infrastructure in service of railway transport and other commercial services for profit-making purposes.

21.Railway transport businessmeans the transportation of passengers, luggage and cargo by rail for profit-making purposes.

22.Urban railway businessmeans the performance of one, a number or all of activities from investment to passenger transportation in urban centers for profit-making purposes.

23.Unathorizedly opened passagemeans a road-railway intersection built and operated by an organization or individual without permission of a competent agency.

24.Level-crossing intersectionmeans the place where two or more roads cross one another at the same level.

25.Non-level-crossing intersectionmeans the place where two or more roads cross at different levels.

26.Rolling stocksrefer to locomotives, carriages ,wagons and specialized vehicles running on the rails.

27.Rail linemeans one or more than one successive depot-to-depot section from the first to the last railway station.

28.Trainmay be a combination of locomotives and carriages or wagons, a single locomotive, a self-propelled carriage or wagon, or a specialized self-propelled vehicle running on the rails.

Article 4.Fundamental principles in railway activities

1. To ensure smooth, orderly, safe, punctual and efficient railway transport activities; to meet the needs for convenient travel of people, socio-economic development, defense and security maintenance and environmental protection.

2. To develop railways according to planning in close association with other modes of transport and international integration, ensuring civilization, modernity and synchronism.

3. To administer railway transport activities in a unified and centralized manner.

4. To separate the state management function of state agencies from business activities of enterprises, and railway infrastructure business from transport business on state-invested railways.

5. To ensure healthy and fair competition among organizations and individuals of all economic sectors engaged in railway business.

Article 5.State policies on railway development

1. To prioritize and concentrate resources on investment in the development, upgrading, maintenance and protection of national and urban railway infrastructure facilities so as to ensure that railway transport plays the key role in the national transport system.

2. To encourage, support, create conditions for, and protect lawful rights and interests of, domestic and foreign organizations and individuals investing and doing business in railway transport.

3. To reserve land areas under planning for the development of railway infrastructure and industrial works.

4. To stimulate and support the development of railway industry, research and application of state-of the-art sciences and technologies and high technologies and human resource training for developing modern railways.

5. To encourage and create favorable conditions for organizations and individuals to invest in the development of specialized railway systems.

6. To prioritize the allocation of the central budget funds with appropriate percentages in medium-term and annual public investment plans for the development of national railway infrastructure under planning.

Annually, the Government shall report to the National Assembly on the implementation of policies on railway transport development and the use of state budget funds for investment in railway transport.

Article 6.Incentives and supports in railway activities

1. Railway infrastructure business, railway transport business, urban railway business and railway industry are business lines entitled to investment incentives.

2. Organizations and individuals engaged in railway activities are entitled to the following incentives and supports:

a/ Allocation without land use levy of land areas for construction of national railway and urban railway infrastructure; land rental exemption for land areas used for construction of specialized railway infrastructure and railway industrial works;

b/ Based on practical resources, the State shall provide loans with preferential investment credit interest rates from the State’s investment credit source or loans  guaranteed by the Government in accordance with the law on public debt management for investments in the development of national railway and urban railway infrastructure, in the procurement of rolling stocks, machinery and equipment in service of railway maintenance, and in the development of railway industry;

c/ Railway infrastructure, urban railway and railway industry enterprises are entitled to preferential enterprise income tax rates in accordance with the law on enterprise income tax;

d/ Exemption from import duty on machinery, equipment, spare parts, rolling stocks, raw materials and supplies used for manufacture of machinery and equipment or components, details, parts and accessories of machinery and equipment necessary for railway activities and supplies necessary for construction of railway infrastructure, which cannot be manufactured at home yet.

3. Investors in the construction of national railway and urban railway infrastructure shall be provided by the State with whole funds for clearance of land areas reserved for railways.

4. Railway infrastructure businesses shall be given exclusive radio frequencies in service of railway transport administration and access to the traction power supply system in service of train operations.

Article 7.Master plan on railway transport development

1. The railway transport development master plan serves as a basis for directing the investment in and development and operation of railway networks.

2. The railway transport development master plan covers contents on railway infrastructure and national railway industry bases.

3. Railway transport development planning must satisfy the following requirements:

a/ To ensure inter-regional connections, meeting the socio-economic development, defense, security, environmental protection and international integration demands;

b/ To associate the development of railway infrastructure with the development of rolling stocks, railway services and industry to be advanced, modern and safe;

c/ To ensure the connection of railway transport to other modes of transport in order to create an efficient, safe, sustainable and synchronous transport system with few adverse impacts on the environment;

d/ To study the content of railway infrastructure development during the formulation of transport development master plans of special urban centers, grade-I urban centers, key international airports, special seaports and grade-I seaports.

4. Formulation and approval of railway transport development master plans:

a/ The Minister of Transport shall organize the formulation of master plans on development of transport on national railways and urban railways running through the administrative boundaries of two or more provinces and centrally run cities, and submit them to the Prime Minister for approval;  and organize the formulation and approval of detailed master plans on railway lines, national railway stations in urban centers of grade III or higher grade, key stations and international transportation stations;

b/ Chairpersons of the provincial-level People’s Committees shall organize the formulation of urban or provincial master plans with contents on development of urban railways and/or specialized railways and submit them to the Prime Minister for approval.

Article 8.International cooperation on railways

1. International cooperation on railways must ensure the national independence, sovereignty, territorial integrity and interests; meet the international integration requirements; and comply with treaties to which the Socialist Republic of Vietnam is a contracting party.

2. Priority shall be given to international cooperation on regional and international connection; railway transport business; investment in railway infrastructure development and business; development of railway industry; scientific research, technology transfer, and human resource training and development.

3. Ministries and ministerial-level agencies shall, within the ambit of their respective functions, tasks and powers, assume the prime responsibility for, or coordinate with the Ministry of Transport in, ensuring the convenient and fast custom clearance at international railway stations.

Article 9.Acts prohibited in railway activities

1. Sabotaging railway works and rolling stocks.

2. Encroaching upon railway safety corridors and railway work protection areas.

3. Opening passages crossing a railway without permission; illegally building flyovers, tunnels, culverts or other works within land areas reserved for railways; or illegally drilling and digging on railway work protection areas.

4. Tampering with railway facilities and signaling systems; or covering or falsifying railway signals.

5. Blocking railway traffic, giving signals or using devices to stop trains without permission, except cases of detecting incidents which threaten the safety of railway traffic.

6. Climbing over crossroads’ fences or barriers, crossing crossroads when a no-crossing signal is on; or climbing over fences separating a railway from adjacent areas.

7. Discharging insanitary wastes on railways; or putting obstacles, dumping hazardous substances or wastes on railways; putting inflammable or explosive substances within railway work protection areas or railway safety corridors.

8. Grazing cattle or holding markets on railways, within railway work protection areas or railway safety corridors.

9. Walking, standing, lying, sitting or taking other acts on the roofs of carriages or  locomotives or on carriage steps; clinging to, standing or sitting on the sides of carriages or locomotives or on the couplings between carriages or between carriages and locomotives; or opening train doors or putting heads, arms, legs or other things out of carriages when trains are running, except railway personnel or other authorized persons on duty.

10. Walking, standing, lying, sitting or taking other acts on railways, except railway personnel and other authorized persons on duty.

11. Throwing earth, stones or other things onto or from trains.

12. Carrying or transporting banned goods or diseased animals into railway stations and on trains; illegally carrying or transporting wild animals, radioactive, inflammable or explosive substances and other dangerous goods into railway stations and on board trains; or carrying or transporting corpses or human remains into urban railway stations or on board urban trains.

13. Making or using counterfeit tickets; or selling tickets against regulations.

14. Putting rolling stocks or equipment not up to technical safety standards into operation in service of railway transport; using wagons for transporting passengers; changing without permission the structures, shapes or utilities of rolling stocks; or asking or allowing unqualified persons to operate rolling stocks.

15. Connecting to passenger trains wagons transporting animals, stinky cargo, inflammable, explosive or hazardous substances and other dangerous goods.

16. Operating trains beyond the speed limit.

17. Railway personnel directly serving train operation, while on duty, have a content of alcohol or another banned stimulant in their blood or breath.

Chapter II

RAILWAY INFRASTRUCTURE

Section 1

GENERAL PROVISIONS

Article 10.Vietnamese railway system

1. The Vietnamese railway system includes national railways, urban railways and specialized railways, which are defined as follows:

a/ National railways serve the common transport demands of the whole country and economic regions and international transportation;

b/ Urban railways serve transportation of passengers in urban centers and their vicinities;

c/ Specialized railways serve exclusive transport demands of organizations or individuals.

2. The competence to announce and adjust the railway system is prescribed below:

a/ National railways and specialized railways connected to national railways shall be announced and adjusted under decisions of the Minister of Transport; urban railways connected to or integrated with national railways will be publicized and adjusted under decisions of the Minister of Transport after consulting chairpersons of the provincial-level People’s Committees of localities where exist the urban railways;

b/ Urban railways and specialized railways not connected to national railways shall be publicized and adjusted under decisions of chairpersons of provincial-level People’s Committees; urban railways or specialized railways not connected to national railways but running through the administrative boundaries or two or more provinces and centrally run cities shall be announced and adjusted under decisions of the Minister of Transport after consulting the chairpersons of the People’s Committees of these provinces and centrally run cities.

3. The competence to prescribe the naming of rail lines and railway stations; to decide to put rail lines, rail line sections or railway stations into operation; or to stop the exploitation of, to remove, rail lines, is prescribed below:

a/ The Government shall prescribe the naming of rail lines and railway stations and remove rail lines, rail line sections and railway stations;

b/ The Minister of Transport shall decide to put into operation and to stop the operation of national rail lines, rail line sections and railway stations;

c/ Chairpersons of provincial-level People’s Committees shall decide to put into operation and to stop the operation of urban rail lines, rail line sections and railway stations;

d/ Project owners shall decide to put into operation and to stop the operation of specialized rail lines, rail line sections and railway stations which they have invested in.

Article 11.Railway infrastructure assets

1. Railway infrastructure assets include:

a/ Railway infrastructure assets directly related to train operations, including railway works, railway work items or other supporting facilities directly serving train operations, passenger reception and see-off and cargo loading and unloading;

b/ Railway infrastructure assets not directly related to train operations, which are those not prescribed at Point a of this Clause.

2. Responsibility to manage state-invested railway infrastructure assets:

a/ The Government shall act as the owner’s representative, performing the uniform management of railway infrastructure assets in accordance with the law on management and use of public property;

b/ The Ministry of Transport shall perform the tasks and exercise the powers of the owner’s representative over national railway infrastructure assets;

c/ Provincial-level People’s Committees shall perform the tasks and exercise the powers of the owner’s representative over urban railway infrastructure assets;

d/ Railway infrastructure enterprises shall use, operate and protect railway infrastructure assets assigned, leased or transferred by the State to them in accordance with law.

3. Organizations and individuals shall themselves manage, use and operate railway infrastructure assets they have invested in in accordance with law.

4. The Government shall prescribe the list of railway infrastructure assets referred to in Clause 1 of this Article, and manage and use state-invested railway infrastructure assets.

Article 12.Railway land

1. Railway land includes:

a/ Land used for construction or railway works;

b/ Land within railway work protection areas;

c/ Land within railway safety corridors.

2. The use of railway land is prescribed below:

a/ Railway land shall be used for construction of railway works and assurance of railway safety under the approved land use master plans and plans;

b/ If railway land is used for the construction of essential defense, security or socio-economic development works, which cannot be located outside this land, such construction must not affect railway works and railway traffic safety and shall be licensed under regulations of the Minister of Transport;

c/ Organizations and individuals that are assigned, leased or transferred railway infrastructure shall use and exploit railway land according to the approved master plan and law.

3. The management of railway land is prescribed below:

a/ The management of railway land shall be performed by state management agencies in accordance with the land law;

b/ State management agencies managing railway infrastructure assets may be assigned to manage the land used for construction of railway works, land within railway work protection areas, and shall manage the use of railway land under the approved master plan;

c/ People’s Committees at different levels shall manage planned railway land and land within railway safety corridors;

d/ Railway land within the land areas of civil airports and airfields or seaports shall be managed in accordance with the land law.

4. The Government shall detail this Article.

Article 13.Railway technical grades

1. National railways, urban railways and specialized railways shall be classified by  railway technical grades. Each railway technical grade has its corresponding standards.

2. The formulation, appraisal and promulgation of standards on railway technical grades must comply with the law on standards and technical regulations.

Article 14.Railway gauge

1. National railways and specialized railways connected to national railways have the standard gauge of 1,435 mm or the narrow gauge of 1,000 mm.

2. To-be-built national railways and urban railways must have the gauge of 1,435 mm. Special cases in which they have another gauge shall be decided by the Prime Minister.

3. For specialized railways not connected to national railways and running through populated areas, their gauges may be decided by their project owners after consulting the Ministry of Transport.

Article 15.Connection of rail lines.

1. The connection positions of domestic rail lines must be at railway stations.

2. Only national railways may be connected to foreign railways. The Prime Minister shall decide on the connection between national railways and foreign railways.

3. The Minister of Transport shall prescribe the conditions, order and procedures for the connection of urban railways and specialized railways to national railways, and for the connection of urban rail lines.

4. Organizations and individuals shall decide on connection of specialized railways to specialized railways they have invested in.

Article 16.Railway stations

1. Railway stations shall be classified as follows:

a/ Passenger stations for passenger embarkation and disembarkation, provision of services related to passenger transportation, technical operations and provision of other commercial services;

b/ Cargo stations for cargo delivery, receipt, loading, unloading and preservation, provision of services related to cargo transportation, and technical operations;

c/ Technical stations for performance of technical operations serving train operations;

d/ Mixed stations having the functions of two or three types of stations defined at Points a, b and c of this Clause.

2. A railway station must meet the following requirements:

a/ Depending on its technical grade, a railway station must have terminals, plazas, storehouses, cargo yards, platforms, fencing walls, service areas and necessary equipment and other facilities related to railway activities;

b/ A railway station must have its own name and relevant information and instructions for passengers. Railway stations’ names must not be identical and must be suitable to the place names and conform to the history, culture and fine customs and practices of localities. At stations on national railways in urban centers of grade III or higher grade, key stations and international transportation stations, working offices shall be arranged for state management agencies which have regular activities related to railway activities under the approved master plan;

c/ A railway station must have an emergency exit system; a fire prevention and fighting system; power supply, lighting and air ventilation systems; a water supply and drainage system; a system satisfying environmental sanitation requirements and other technical requirements;

d/ A passenger station must have facilities and equipment facilitating the access of people with disabilities and privileged people as prescribed by law; an emergency telephone system, and first aid kits;

dd/ An international transportation station or a central station must have an architecture displaying the distinctive historical and cultural identities of its locality and region. An express railway station must have control equipment to to ensure security and safety;

e/ At a national railway station or urban railway station, offices and trade and service facilities may be built.

3. The length of a station shall be determined by the land strip from the station entry signaling post on one side to the station entry signaling post on the other side; the width of a station shall be determined to the land area inside the station’s fencing walls or boundary markers under the approved master plan.

4. The Minister of Transport shall prescribe technical grades of railway stations.

Article 17.Railway-railway or railway-road intersections

1. A railway-railway intersection must not be level crossing, except a specialized railway crossing another.

2. When a railway crosses a road, a non-level intersection shall be built in the following cases:

a/ The railway designed for a speed of 100 km/h or higher crosses a road;

b/ A railway crosses a road of grade III or higher grade; a railway crosses an urban road;

c/ An urban railway crosses a road, except iron-wheeled tram ways.

3. Project owners building new railways shall build non-level-crossing intersections as prescribed in Clauses 1 and 2 of this Article. Project owners building new roads shall build non-level-crossing intersections as prescribed in Clause 2 of this Article.

4. For cases not specified in Clause 2 of this Article or at places where there are  insufficient conditions for the construction of a non-level-crossing intersection, the People’s Committees at different levels, railway infrastructure enterprises, project owners or organizations and individuals that need to cross railways shall comply with the following provisions:

a/ At a place where the construction of a crossroad is allowed, permission from a competent agency shall be obtained;

b/ At a place where the construction of a crossroad is prohibited, feeding roads shall be built outside the railway safety corridor to lead to the nearest crossroad or non-level-crossing intersection.

5. The Minister of Transport shall prescribe in detail:

a/ Crossroads, traffic at crossroads; the grant and extension of permits for construction, renovation, upgrading or closure of crossroads;

b/ Combined bridges and traffic on combined bridges;

c/ Connection of road traffic signals with road signals at crossroads, provision of warning information at road-railway intersections.

6. The Government shall prescribe the handling of railway-railway intersections and railway-road intersections that violate this Law, unauthorizedly opened passages and handling roadmaps.

Article 18.Railways running closely parallel to roads

1. In case a railway runs closely parallel to a road, it must be ensured that either of them must lie outside the traffic safety corridor of the other; if terrain does not permit, a separating protection work shall be built on the road’s edge close to the railway, except cases in which the rail’s top is three or more meters higher than the road’s surface.

2. In case a railway runs above a road or vice versa, the vertical distance from the highest point of the surface of the beneath road or the top of the rail of the beneath railway to the lowest point of the above bridge span structure must be equal to the clearance that ensures traffic safety for the beneath work.

Article 19.Fixed signaling system on railways

1. The fixed signaling system on railways consists of:

a/ Signal posts, signal lights;

b/ Sign boards, sign marks;

c/ Signal boards;

d/ Fences, barriers;

dd/ Boundary markers;

e/ Other signals.

2. The fixed signaling system on railways shall be built and fully installed in conformity with the technical grades and types of railways, must operate well all the time.

Section 2

INVESTMENT CONSTRUCTION, MANAGEMENT AND MAINTENANCE OF RAILWAY INFRASTRUCTURE

Article 20.Investment construction of railway infrastructure

1. Investment construction of railway infrastructure means new construction, technology renewal, upgrading and renovation of railway infrastructure in accordance with law.

2. The contribution of state funds to investment projects to develop infrastructure of national railways or urban railways in the form of public-private partnership in the construction period or throughout the lifetime of the projects shall be decided by the Prime Minister.

3. The Minister of Transport and provincial-level People’s Committees shall organize the formulation and announcement of investment protects to construct railway works under their respective management as prescribed by law.

Article 21.Management and maintenance of railway infrastructure

1. Railway infrastructure, once operated, shall be maintained in accordance with law.

2. The responsibility to manage and maintain railway infrastructure is prescribed below:

a/ The Minister of Transport shall prescribe the management and maintenance of national railway infrastructure; and organize the management and maintenance of state-invested national railway infrastructure;

b/ Provincial-level People’s Committees shall prescribe the management and maintenance of urban railway infrastructure; and organize the management and maintenance of state-invested urban railway infrastructure;

c/ Railway infrastructure enterprises shall maintain state-invested railway infrastructure in accordance with law when they are assigned, leased or transferred the infrastructure;

d/ Organizations and individuals shall manage and maintain railway infrastructure invested by themselves in accordance with law.

Article 22.Financial sources for management and maintenance of railway infrastructure

1. The financial sources for management and maintenance of state-invested railway infrastructure come from the state budget; revenues from the operation of railway infrastructure and other revenues shall be used in accordance with law.

2. The Ministry of Transport shall manage and use the financial sources allocated for the management and maintenance of state-invested national railway infrastructure.

3. Provincial-level People’s Committees shall manage and use the financial sources allocated for the management and maintenance of state-invested urban railway infrastructure.

4. Organizations and individuals shall themselves organize the management and use of their own financial sources for the management and maintenance of railway infrastructure invested by themselves.

Section 3

PROTECTION OF RAILWAY INFRASTRUCTURE

Article 23.Protection of railway infrastructure

1. Protection of railway infrastructure covers activities to ensure safety of railway works; to prevent and control, and overcome consequences of, natural disasters and accidents; to prevent, stop and handle acts of encroaching upon or sabotaging railway works, railway work protection areas and railway safety corridors.

2. The railway work protection area shall be determined by the airspace above and surrounding land area and water area adjacent to railway works for management, protection and prevention of acts of infringing upon the stability of railway works and assurance of their safety, which includes:

a/ Railway protection area;

b/ Railway bridge protection area;

c/ Railway tunnel protection area;

d/ Railway station and depot protection area;

dd/ Railway communication and signaling facility and power supply system protection area;

e/ Protection areas of other railway works.

3. The railway safety corridor shall be determined by the airspace above and  surrounding land and water areas adjacent to the railway protection area in order to ensure railway traffic safety, serve rescue and salvage activities when necessary and ensure the visibility for road users.

4. Construction, exploitation of natural resources and other activities in the vicinities of railway land areas:

a/ Construction, exploitation of natural resources and other activities in the vicinities of railway land areas must not affect the safety of railway works and railway transport safety;

b/ If the construction, exploitation of natural resources and other activities in the vicinities of railway land areas are likely to affect the safety of railway works or railway transport safety, construction works’ owners and organizations and individuals exploiting natural resources or carrying out other activities shall take measures to ensure the safety of railway works and railway transport safety;

c/ Construction works’ owners and organizations and individuals exploiting natural resources or carrying out other activities shall compensate in accordance with law for damage caused at their faults to railway works and railway transport safety.

5. The Government shall detail this Article.

Article 24.Responsibility to protect railway infrastructure

1. The Ministry of Transport has the following responsibilities in the protection of state-invested national railway infrastructure:

a/ To organize and guide the protection of railway infrastructure;

b/ To assume the prime responsibility for, and coordinate with the Ministry of Public Security, Ministry of National Defense and provincial-level People’s Committees of localities where railways exist in, organizing the protection of especially important railway works;

c/ To inspect and examine the implementation of legal provisions on management and protection of railway infrastructure.

2. The People’s Committees at different levels in localities where railways run through have the following responsibilities:

a/ To assume the prime responsibility for, and coordinate with railway infrastructure enterprises in, preventing, stopping and handling in time acts of encroaching upon railway infrastructure and violating regulations on railway safety in their localities;

b/ To inspect and examine the implementation of legal provisions on management and protection of urban railway infrastructure.

3. Railway infrastructure enterprises have the following responsibilities:

a/ To protect railway works in order to ensure smooth and safe railway transport activities;

b/ If the railway land is encroached upon, to promptly stop such encroachment and at the same time to report it to and coordinate with competent agencies in the handling thereof.

4. Users of railway infrastructure for transport activities shall strictly comply with the regulations on assurance of safety of railway infrastructure,

5. All organizations and individuals shall protect railway infrastructure, participate in rescue activities when railway works are damaged. Upon detection of any damage to railway works or act of encroaching upon railway infrastructure, they shall promptly report it to the nearest People’s Committee, railway infrastructure enterprise or police office. Persons who receive the reports shall promptly apply measures to ensure railway transport safety.

Article 25.Prevention, control, overcoming of consequences of incidents and natural disasters for railway infrastructure

1. Railway infrastructure enterprises have the following responsibilities:

a/ To draw up and implement plans for preventing, controlling, overcoming consequences of, incidents and natural disasters, ensuring safety for railway infrastructure assigned, leased or transferred to them by the State;

b/ To perform other responsibilities prescribed by the law on natural disaster prevention and control.

2. Organizations and individuals shall prevent and control, and overcome  consequences of, incidents and natural disasters for railway infrastructure invested by themselves in accordance with law.

3. The Ministry of Transport shall direct related organizations and individuals to prevent and control, and overcome consequences of, incidents and natural disasters, for state-invested national railway infrastructure in accordance with law.

4. Provincial-level People’s Committees shall direct related organizations and individuals to prevent and control, and overcome consequences of, incidents and natural disasters for state-invested urban railway infrastructure in accordance with law.

5. Ministries, ministerial-level agencies, government-attached agencies and People’s Committees of different levels shall, within the ambit of their respective functions, tasks and powers, prevent and control, and overcome consequences of, incidents and natural disasters in railway activities in accordance with law.

Chapter III

DEVELOPMENT OF RAILWAY INDUSTRY, ROLLING STOCKS

Section 1

DEVELOPMENT OF RAILWAY INDUSTRY

Article 26.Railway industry

1. Railway industry covers:

a/ Manufacture, assembly, repair and transformation of rolling stocks;

b/ Manufacture of railway accessories, spare parts, supplies, specialized equipment.

2. The Government shall issue the list of railway accessories, spare parts, supplies and specialized equipment referred to at Point b, Clause 1 of this Article.

Article 27.Requirements on development of railway industry

1. To conform with the railway transport development master plan and Vietnam’s industrial development strategy in each period.

2. To be in tandem with the development of railway infrastructure, railway transport services, safety assurance and environmental protection as prescribed by law.

3. Invested technological lines for and technologies transferred to railway industry must be synchronous, state-of-the-art and modern.

Article 28.Investment in development of railway industry

1. The State shall encourage domestic and foreign organizations and individuals to invest in the development of railway industry.

2. The State shall invest in the construction and maintenance of railway infrastructure connected from national railways and urban railways to railway industrial bases according to planning.

3. Railway industrial enterprises shall themselves invest in, upgrade and maintain railway infrastructure and railway industrial works in the premises of railway industrial bases.

Article 29.Science and technology research and application, human resource training and development, and technology transfer in railway industry

1. The application and transfer of railway technologies must ensure state-of-the-art technologies and technology mastery and development.

2. The training and development of human resources for railway industry must conform with the railway transport development master plan and suit the transferred technologies.

3. Science research and application, technology transfer and human resource training and development must comply with the laws on education, vocational education, science and technology, and technology transfer.

Section 2

ROLLING STOCKS

Article 30.Railworthiness of rolling stocks

1. To move on the rails, rolling stocks must satisfy the following conditions:

a/ Satisfying the national technical standards on technical safety and environmental protection;

b/ Having a rolling stock registration certificate granted by a competent agency;

c/ Having a rolling stock quality, technical safety and environmental protection certificate or a certificate of periodical inspection of rolling stock technical safety and environmental protection granted by a competent agency, which remains valid.

2. Rolling stocks, when running in special cases, must comply with regulations of the Minister of Transport.

Article 31.Registration of rolling stocks

1. Rolling stocks shall be granted a registration certificate when satisfying the following requirements:

a/ Being of lawful origin;

b/ Being up to the national technical standards on technical safety and environmental protection.

2. Upon change of utilities or technical specifications of rolling stocks, the owners shall carry out procedures for re-grant of rolling stock registration certificates.

3. Upon ownership transfer, new owners of rolling stocks shall carry out procedures for re-grant of rolling stock registration certificates under the new owners’ names.

4. Rolling stock owners shall declare and re-submit the rolling stock registration certificates for deregistration in the following cases:

a/ The rolling stock is no longer used for railway transport;

b/ The rolling stock is lost or destroyed.

5. The Minister of Transport shall prescribe the grant, re-grant and revocation of rolling stock registration certificates and rolling stock deregistration.

Article 32.Technical supervision and certification of rolling stocks

1. Rolling stocks which are manufactured, assembled, transformed or refurbished shall be inspected, supervised and granted with quality, technical safety and environmental protection certificates by Vietnamese register offices or foreign register offices authorized by the Minister of Transport.

2. Rolling stocks, while being in operation, must be still in their use life prescribed by the Government and be periodically inspected and granted with certificates of periodical inspection of rolling stock technical safety and environmental protection by Vietnamese register offices.

3. Owners shall repair and maintain their rolling stocks up to the national technical standards on technical safety and environmental protection at intervals of register offices’ inspections.

4. The Minister of Transport shall prescribe:

a/ National technical standards on quality, technical safety and environmental protection of rolling stocks;

b/ Requirements on physical and technical foundations of register offices;

c/ Criteria for register personnel;

d/ Examination, grant, re-grant and revocation of rolling stock quality, technical safety and environmental protection certificates.

Article 33.Information, instructions and equipment in service of passengers, safety equipment on rolling stocks

1. Rolling stocks must satisfy the following requirements:

a/ Displaying necessary information and instructions in service of passengers and management work; signs, information and instructions are clear and easy to understand; notice boards are placed at prominent positions;

b/ Having necessary equipment and conveniences in service of passengers, safety equipment, emergency tools, fire fighting equipment, tools and materials; first-aid medicines and equipment for access of people with disabilities.

2. The Minister of Transport shall detail this Article.

Article 34.Conditions on import of rolling stocks

1. Rolling stocks imported for railway transport activities must conform with Vietnamese technical regulations and standards and have certificates of rolling stock quality, technical safety and environmental protection granted by register offices.

2. The import of rolling stocks must comply with the law on export and import.

Chapter IV

RAILWAY PERSONNEL DIRECTLY SERVING TRAIN OPERATIONS

Article 35.Railway personnel directly serving train operations

1. Railway personnel directly serving train operations include:

a/ Train captains;

b/ Train drivers, assistant drivers;

c/ Line-train running controllers, direct station train running controllers;

d/ Direct station train running operators;

dd/ Chief shunters;

e/ Switchmen;

g/ Couplers;

h/ Railroad, bridge and tunnel patrollers, and tunnel guards;

i/ Crossroad or combined bridge guards;

k/ Other titles suitable to each type of railway.

2. Railway personnel directly serving train operations must satisfy the following conditions:

a/ Possessing professional diplomas or certificates suitable to their titles as prescribed by law;

b/ Fully meeting health conditions upon recruitment and possessing health certificates issued periodically under regulations of the Minister of Health;

c/ Train drivers, apart from the conditions prescribed in this Clause, must also possess a train driving license.

3. On-duty railway personnel directly serving train operations shall:

a/ Perform the tasks according to their titles, standards of technical grades and national technical regulations on railways;

b/ Absolutely obey orders of train operation commanders as well as regulations and instructions of their superior officers;

c/ Wear their uniforms, badges, insignia and title plates.

4. The Minister of Transport shall prescribe:

a/ Criteria, tasks and powers of railway personnel directly serving train operations;

b/ Training contents and programs for institutions training railway personnel to directly serve train operations;

c/ Other titles of railway personnel directly serving train operations referred to at Point k, Clause 1 of this Article.

Article 36.Train driving licenses

1. Train driving licenses shall be granted to persons personally driving rolling stocks as prescribed by this Law.

2. Holders of train driving licenses may only drive the type of rolling stock stated in their licenses.

3. To be granted a train driving license, a person must satisfy the following conditions:

a/ Being between 23 and 55 years old for men, or between 23 and 50 years old for women; possessing a health certificate;

b/ Possessing a professional diploma or certificate in driving rolling stocks granted by a training institution;

c/ Having worked as a train assistant driver for a period set by the Minister of Transport;

d/ Having gone through a test prescribed for the type of rolling stock stated in the train driving license.

4. The Minister of Transport shall prescribe the conditions, contents and process for tests and grant, re-grant and revocation of train driving licenses.

Chapter V

RAILWAY SIGNALS AND RULES, ASSURANCE OF RAILWAY TRANSPORT ORDER AND SAFETY

Section 1

RAILWAY SIGNALS AND RULES

Article 37.Railway signals

1. The railway signal system consists of orders of train operation controllers, train signals and ground signals, signal boards, protection flares, and torches. Signals display orders and conditions for train operations, shunting or stoppage.

2. The railway signal system must be adequate, accurate and clear, ensuring train operation safety and efficiency.

3. Railway personnel and road users shall obey railway signals.

4. The Minister of Transport shall prescribe in detail railway signals.

Article 38.Railway rules

1. Railway rules include regulations on train operation command, train formation, train shunting, train operation, giving way, overtaking, stopping and reversing.

2. Regulations on train operation command:

a/ The train operation in a depot-to-depot section shall be commanded by a single train-running controller. Train operation orders shall be executed through the command of line train-running controllers. Direct station train-running controllers, station train running operators, train captains and train drivers shall absolutely obey orders of rain-running controllers;

b/ Within a railway station, direct station train-running controllers or station train- running operators are train operation commanders. Train captains and train drivers shall obey orders of train operation commanders or follow the signal displays;

c/ On a train, the train captain is the supreme commander to ensure safe train operations;

d/ On a train without a train captain, a locomotive moving on its own, or an urban railway train, the train driver is the supreme commander to ensure safe train operations.

3. Regulations on train formation:

a/ The train formation must strictly comply with the railway technical regulations and standards;

b/ Only carriages that satisfy the safety standards and technical regulations can be coupled.

4. Regulations on train shunting

a/ Train shunting means moving locomotives and carriages from one position to another within a railway station or a station-to-station section. Train shunting shall be conducted under plans of direct station train running operators;

b/ In the course of train shunting, train drivers shall submit to the command of chief shunters.

5. Regulations on train operations:

a/ When operating a train, the train driver shall comply with the following regulations:

To operate the train from  stations, past stations, stop, give way or overtake in stations under the orders of the direct station train controller.

To operate the train into a station-to-station section only when there are possessions.

To operate the train to enter stations and past stations according to color light signals, semaphore signals and signals of the direct station train-running operator.

To drive the train at the speed prescribed in Article 42 of this Law.

In operating the train, the train driver and assistant driver on duty may not leave their working places;

b/ A passenger train can run only when all doors of the passenger carriages are closed. Passenger carriages’ doors may be opened only when the train has come to a complete stop in a railway station.

6. Regulations on giving way and overtaking by trains:

a/ Giving way and overtaking must be done in railway stations;

b/ Train drivers shall give way to or overtake other trains on national railways or  specialized railways according to orders of direct station train operators, and on urban railways according to orders of urban train operation controllers.

7. Regulations on stopping and reversing trains:

Train drivers shall stop trains when seeing stop signals; when detecting a circumstance which threatens train operation safety or when receiving a signal for emergency stop, they may urgently stop or reverse the trains. In case of urgent stop or reversal, train captains and drivers shall notify the station authorities under regulations.

8. The Minister of Transport shall detail this Article.

Article 39.Traffic at crossroads, on combined bridges, or in tunnels

1. At crossroads and on combined bridges, rolling stocks enjoy the priority right.

2. Train drivers shall blow whistles before entering crossroads, combined bridges and tunnels; and switch on the headlights when the trains run in tunnels.

3. Road users traveling through crossroads and combined bridges shall comply with the provisions of the Road Traffic Law and this Law.

4. At crossroads or on combined bridges with guards, when the signal lights do not work or give wrong signals or when road barriers do not work, the crossroad or combined bridge guards shall control the traffic.

Section 2

ASSURANCE OF RAILWAY TRANSPORT ORDER AND SAFETY

Article 40.Activities of ensuring railway transport order and safety

1. Activities of ensuring railway transport order and safety include:

a/ Ensuring safety for people, vehicles, property of organizations and individuals in railway transport activities;

b/ Ensuring the centralized and unified control of transport activities on railways;

c/ Preventing, stopping and fighting acts of sabotaging railway works and acts of encroaching upon railway safety corridors;

d/ Applying measures to prevent traffic accidents on railways and at railway-road level-crossing intersections.

2. Organizations and individuals shall observe the law on ensuring railway transport order and safety.

3. Violations of the regulations on railway transport order and safety shall be detected in time and strictly and lawfully handled.

4. Participants in railway transport activities shall ensure railway transport order and safety. Public security forces and local administrations at all levels in localities where railways run through shall, within the ambit of their respective tasks and powers, ensure railway transport order and safety. Agencies and organizations shall coordinate in ensuring railway transport order and safety.

Article 41.Railway traffic control

1. The railway traffic control must abide by the following principles:

a/ Controlling railway traffic in a centralized and unified manner and strictly according to announced train operation timetables;

b/ Ensuring safe and smooth railway traffic strictly according to train operation timetables;

c/ Ensuring equality among railway transport enterprises.

2. The railway traffic control covers the following contents:

a/ Arranging and announcing train operation timetables;

b/ Organizing train operations in a unified and centralized manner, ensuring safety and smoothness according to announced train operation timetables, regulations on railway signals, railway rules and train operation orders;

c/ Commanding the handling of urgent or extraordinary incidents occurring on railways;

d/ Receiving and synthesizing information relating to railway traffic control;

dd/ Coordinating with international railway organizations in railway transport control;

e/ Archiving data relating to control work in accordance with law.

3. The Minister of Transport shall prescribe the control of railway traffic on national railways and specialized railways.

4. Provincial-level People’s Committees shall prescribe the control of railway traffic on urban railways.

Article 42.Load, load pass, speed pass

1. Load of a train in operation must not exceed the permitted load prescribed in the load pass for each depot-to-depot section or railway line.

2. Load passes shall be made based on the technical conditions and force-bearing capacity of railway and bridge works and equipment.

3. Speed passes shall be made based on the permitted technical conditions and operation capacity of railway works and the load of rolling stocks.

4. Railway infrastructure enterprises shall make and announce load passes and speed passes for railway sections and lines assigned to them for business.

5. The Minister of Transport shall prescribe the process of making and announcing load passes and speed passes for national railways, urban railways sharing tracks with national railways, and specialized railways.

6. Provincial-level People’s Committees shall prescribe the process of making and announcing load passes and speed passes for urban railways.

Article 43.Train operation timetables

1. Train operation timetables serve as a basis for organizing train operations, which shall be prepared annually, periodically and seasonally for each line and the entire railway network. Train operation timetables shall be formulated on the principles of non-discrimination, assurance of railway safety and publicization.

2. The formulation of train operation timetables shall be based on:

a/ Transport enterprises’ demands in terms of transport time, cargo volume, number of passengers and transport quality; transport lines, departure, stop and destination stations;

b/ Capacity of railway infrastructure and rolling stocks;

c/ The time needed for the maintenance or repair of railway works;

d/ Priority order for trains running on the same line.

3. Railway infrastructure enterprises shall formulate and announce train operation timetables for train operations on rail lines under their management according to regulations.

4. Competence to prescribe the formulation and announcement of train operation timetables:

a/ The Minister of Transport shall prescribe the formulation and announcement of train operation timetables and organize the inspection and supervision of the implementation of timetables for train operations on national railways, specialized railways connected to national railways, and urban railways sharing tracks with national railways;

b/ Provincial-level People’s Committees shall prescribe the formulation and announcement of train operation timetables and organize the inspection and supervision of implementation of timetables for train operations on urban railways, and specialized railways not connected to national railways.

Article 44.Responsibilities of organizations and individuals upon occurrence of railway accidents

1. When a railway accident occurs, related organizations and individuals shall perform the following tasks:

a/ The train driver or other railway personnel on board the train shall urgently stop the train;

b/ The train captain shall assign railway personnel and persons present at the scene of the accident to rescue and assist victims, protect the property of the State and victims and at the same time immediately report it to the nearest railway traffic control organization or railway station.

In case the train and/or the railways is/are damaged, the train captain shall make a report on the accident and provide information relating to the incident at request of competent state agencies.

In case the train and/or railways is/are not damaged, the train captain shall continue running the train after making a report on the accidents and appointing a person to stay behind to work on his/her behalf with competent state agencies;

c/ Upon receiving the report, the railway traffic control organization or railway station shall immediately report the accident to the nearest public security office and People’s Committee for handling and settlement;

d/ Upon receiving a railway accident report, the nearest public security office and People’s Committee shall immediately go to the scene for settlement.

2. For a train without a train captain, upon occurrence of a railway accident, the train driver, apart from urgently stopping the train, shall perform the train captain’s tasks defined at Point b, Clause 1 of this Article. In case the train and railways are not damaged, the train driver may continue running the train only after making a report on the accident and appointing other railway personnel to stay behind to work on his/her behalf with competent state agencies.

3. When travelling through a place where a railway accident occurs, drivers of other vehicles shall transport victims for emergency treatment, unless they are performing an urgent task.

4. People’s Committees of different levels at the place where a railway accident occurs shall coordinate with public security offices and railway enterprises in rescuing victims and protecting the property of agencies, organizations and individuals. If there is a dead person who is unidentifiable, has no relatives or whose relatives are incapable of holding a burial, the commune-level People’s Committee of the locality where the accident occurs shall organize the burial for the dead person.

5. All organizations and individuals may not obstruct the restoration of railways and railway traffic after a railway accident occurs.

6. The Minister of Transport shall prescribe the settlement of railway incidents and accidents; analysis of statistics and reports on railway incidents and accidents.

Article 45.Handling of railway incidents and violations upon detection

1. Those who detect acts or incidents that may obstruct or threaten the safety of railway transport shall promptly report them to the nearest railway station, railway unit, local administration or public security office for handling; in case of urgency, they shall immediately apply measures to signal trains to stop.

2. Upon receiving information or train-stop signals, organizations and individuals shall immediately apply measures to ensure safety and notify the case to the unit directly managing railway infrastructure for proactive coordination with related units in quickly applying remedial measures.

3. Any organizations or individuals committing acts of obstructing or affecting the safety of railway transport shall be handled; if causing damage, they shall pay compensations in accordance with law.

Article 46.Maintenance of order and safety in railway activities of railway enterprises

1. Railway enterprises shall organize the maintenance of order and safety in railway activities within the scope of their management; proactively coordinate with public security offices and People’s Committees in preventing, stopping and handling according to competence acts of violating the railway law and take responsibility before law for their decisions.

2. The train security force shall be organized in every railway transport enterprise operating on national railways.

3. The Government shall define the organization, uniforms, badges, tasks and powers of the train security force. The equipment, management and use of supporting tools by the train security force must comply with the law on management and use of weapons, explosives and supporting tools.

Article 47.Public security forces’ responsibilities to maintain security, order and safety in railway activities

1. The public security forces shall, within the ambit of their tasks and powers, have the following responsibilities:

a/ To inspect and control people and vehicles involved in railway traffic in accordance with law;

b/ To investigate and settle railway accidents and handle acts of violating the law on railway transport;

c/ To assume the prime responsibility for, and coordinate with traffic inspectorates, railway security forces and related agencies, organizations and individuals in, ensuring security, order and safety in railway activities.

2. The Minister of Public Security shall prescribe the process and contents of inspection, control and handling of violations and investigation and settlement of railway accidents.

Article 48.Responsibilities of People’s Committees of localities where railways run through to ensure security, order and safety in railway activities

Within the ambit of their functions, tasks and powers, the People’s Committees at different levels shall organize, direct and inspect the performance of the following tasks:

1. To disseminate and educate about the law on the maintenance of railway security, order and safety.

2. When allocating or leasing land along railway safety corridors, to reserve land for construction of feeding roads, overpasses, tunnels and fences to ensure railway safety.

3. To apply measures to protect, and combat encroachment upon, railway safety corridors and to maintain railway order and safety.

4. To manage and increase traffic safety facilities at unauthorizedly opened passages; to reduce and close existing unauthorizedly opened passages under a roadmap; to be accountable for the appearance of new passages opened without permission.

5. To fund traffic safety maintenance activities under local responsibility;

6. To inspect, examine and handle violations of regulations on railway order and safety in accordance with law.

7. To participate in the settlement of railway accidents in accordance with Article 44 of this Law.

8. Heads of the localities where railways run through shall bear responsibility for the occurrence of railway accidents in their localities in accordance with law.

Chapter VI

RAILWAY BUSINESS

Section 1

RAILWAY BUSINESS ACTIVITIES

Article 49.Railway business activities

1. Railway business covers railway infrastructure business, railway transport business and urban railway business.

2. Railway business is a conditional investment and business line.

3. The Government shall detail Clause 2 of this Article.

Section 2

RAILWAY INFRASTRUCTURE BUSINESS

Article 50.Railway infrastructure business

1. The state-invested railway infrastructure may be assigned, leased or transferred as railway infrastructure assets to enterprises for specified periods for business according to regulations.

2. Users of railway infrastructure invested by the State or other organizations or individuals for business activities shall pay for the use of railway infrastructure.

Article 51.Rights and obligations of railway infrastructure enterprises

1. A railway infrastructure enterprise has the following rights:

a/ To use and exploit railway infrastructure according to regulations;

b/ To request organizations and individuals carrying out activities related to railway infrastructure to strictly observe the railway infrastructure regulations and technical standards;

c/ To set and submit for approval rental rates for state-invested railway infrastructure within the scope of assignment, lease or transfer;

d/ To suspend train operations when seeing that railway infrastructure does not guarantee the safety of train operations and take responsibility before law for its decisions;

dd/ To be compensated for damage caused to the railway infrastructure by railway transport enterprises, other organizations or individuals;

e/ To enjoy the State’s supports prescribed in Clause 1, Article 68 of this Law;

g/ Other rights prescribed by law.

2. A railway infrastructure enterprise has the following obligations:

a/ To manage and use the railway infrastructure assets in accordance with law;

b/ To maintain the announced technical conditions and quality of railway infrastructure, ensuring safe and smooth railway traffic all the time;

c/ To formulate and publicize speed passes, load passes, timetables for train operations on rail lines, line sections and depot-to-depot sections to serve train operations;

d/ To organize the administration of railway traffic on national railways or urban railways, when so assigned by the State. To supply railway state management agencies and customers with information on railway transport administration services and capacity of railway infrastructure when so requested;

dd/ To notify in time incidents threatening the safety of train operations and the suspension of train operations to direct station train running controllers at both ends of the station-to-station section where the incidents occur, and to railway transport controllers and railway infrastructure users;

e/ To perform defense and security tasks and obey special train operation orders as requested by competent state agencies;

g/ Once assigned, leased or transferred the operation right by the State, if the railway infrastructure assets are damaged due to its subjective fault, to restore them;

h/ To pay for railway infrastructure use according to regulations;

i/ Other obligations prescribed by law.

Section 3

RAILWAY TRANSPORT BUSINESS

Article 52.Railway transport business

1. Railway transport business covers the business in transportation of passengers, luggage and cargo on railways.

2. The Minister of Transport shall prescribe the transportation of passengers, luggage and cargo on national railways and specialized railways connected to national railways.

3.  Provincial-level People’s Committees shall prescribe the railway transport on urban railways.

Article 53.Rights and obligations of railway transport enterprises

1. A railway transport enterprise has the following rights:

a/ To be provided with technical and economic information as well as railway transport services related to railway infrastructure capacity;

b/ To use railway infrastructure and railway transport administration services on the railway system for railway transport business according to regulations;

c/ To suspend train operations when seeing that railway infrastructure does not guarantee the safety of train operation and at the same time to notify the railway infrastructure enterprise thereof and take responsibility before law for its decisions;

d/ To be compensated for damage caused by railway infrastructure enterprises, other organizations or individuals;

dd/ Other rights prescribed by law.

2. A railway transport enterprise has the following obligations:

a/ To organize train operations strictly according to train operation timetables, load passes and speed passes, which are announced by the railway infrastructure enterprise;

b/ To give priority to transport in service of special or social-welfare tasks at the request of competent state agencies;

c/ To stop train operations upon receiving notifications from the railway infrastructure enterprise;

d/ To pay for the use of railway infrastructure and railway transport administration services to the railway infrastructure enterprise;

dd/ To fully meet the train operation conditions during operation;

e/ To submit to the direction by competent state agencies, to coordinate with the railway infrastructure enterprise in preventing and controlling incidents and natural disasters and dealing with railway accidents in accordance with law;

g/ To pay damages in accordance with law;

h/ To provide information on transport demands, capacity of rolling stocks and equipment to the railway infrastructure enterprise to serve the making of train operation timetables and the planning of investment in railway infrastructure upgrading and maintenance;

i/ Other obligations prescribed by law.

Article 54.Passenger and luggage transportation contracts

1. Passenger and luggage transportation contract means an agreement between a railway transport enterprise and passengers on the transportation of passengers and luggage, whereby the railway transport enterprise undertakes to transport passengers and luggage from the place of departure to the place of destination. The passenger and luggage transportation contract establishes the rights and obligations between parties and shall be made in writing or another form agreed upon by the two parties.

2. Passenger ticket is evidence of the conclusion of a passenger transportation contract. Passenger tickets shall be issued by passenger transport enterprises in accordance with law.

Article 55.Cargo transportation contracts

1. Cargo transportation contract means an agreement between a railway transport enterprise and a transport hirer, whereby the railway transport enterprise undertakes to transport cargo from the place of receipt to the place of destination and deliver the cargo to the cargo consignee specified in the contract. The cargo transportation contract establishes the rights and obligations between parties and shall be made in writing or another form agreed upon by the two parties.

2. Cargo consignment invoice constitutes part of a transportation contract, issued by a railway transport enterprise in accordance with law. A railway transport enterprise shall make out invoices and hand them to transport hirers after the transport hirers consign the cargo, which contains the signature of the transport hirer or his/her/its authorized person. A cargo consignment invoice constitutes a document for cargo delivery and receipt between the railway transport enterprise and transport hirer as well as the evidence for settlement of disputes.

3. A cargo consignment invoice must specify type of cargo; sign and code of cargo; cargo quantity and volume; place of cargo delivery, place of cargo receipt; name and address of cargo consignor, name and address of cargo consignee; freight and arising expenses; other details as agreed upon between the railway transport enterprise and transport hirer; and certification by the railway transport enterprise of the conditions of the cargo received for transportation.

Article 56.Railway transport charges

1. Charges for transportation of passengers, luggage and cargo on national railways shall be decided by railway transport enterprises; charges for transportation of passengers and luggage on urban railways shall be decided by provincial-level People’s Committees; and charges for transportation on specialized railways shall be decided by specialized railway enterprises.

2. Railway transport charges shall be posted up at railway stations and publicized in the mass media or on the websites of railway transport enterprises before application.

3. Charges for transportation of extra-long and extra-heavy cargo shall be agreed upon by railway transport enterprises and transport hirers.

4. The Government shall prescribe the passenger transportation charge exemption and reduction for social-policy beneficiaries.

Article 57.International transportation

1. International transportation means the transportation by railway from Vietnam to a foreign country, the transportation from a foreign country to Vietnam or transit in Vietnam to a third country.

2. International transportation by railway must conform with the provisions of relevant treaties to which the Socialist Republic of Vietnam is a contracting party.

Article 58.Transportation in service of special or social welfare tasks

1. Transportation in service of special tasks means the transportation of people, cargo and equipment to prevent and control, and overcome consequences of, natural disasters, accidents or epidemics, or to perform urgent defense or security tasks.

2. Transportation in service of social-welfare tasks means the transportation of passengers on rail lines, line sections or depot-to-depot sections to serve the population community of a territorial region which the State should assume for the common interests since such transportation under the market mechanism can hardly make up for expenses.

3. Railway transport enterprises shall perform the transportation in service of special or social welfare tasks at the request of competent state agencies and will be provided supports under Article 68 of this Law.

Article 59.Insurance in passenger transportation business

1. Passenger transportation enterprises shall buy insurance for passengers; insurance premiums shall be included in passenger ticket prices.

2. Passenger tickets and train travel papers are the evidence for payment of insurance indemnities upon occurrence of an insured incident.

3. The passenger insurance must comply with the law on insurance business.

Article 60.Rights and obligations of passengers

1. A passenger has the following rights:

a/ To enjoy all benefits according to his/her ticket class and to carry free of charge luggage within the weight and of the type allowed by the railway transport enterprise;

b/ To return or exchange his/her ticket before the departure time of the train and bear all costs (if any) as determined  by the railway transport enterprise;

c/ To be refunded the ticket money, compensated for damage and arising expenses when being killed or injured or having his/her property damaged due to the fault of the railway transport enterprise in accordance with law;

d/ To enjoy life and health insurance in accordance with law;

dd/ Other rights prescribed by law.

2. A passenger has the following obligations:

a/ To have a passenger ticket and a luggage ticket and to attend to his/her luggage;

b/ To pay compensation if causing damage to or loss of assets of the railway transport enterprise;

c/ To strictly observe the regulations on travel on board trains and relevant legal provisions.

Article 61.Rights and obligations of transport hirers

1. A transport hirer has the following rights:

a/ To adjust the cargo transport contract even when the cargo has been consigned to a railway transport enterprise or the cargo has been loaded onto carriages and to bear all costs incurred due to such adjustment;

b/ To re-designate a person to receive the cargo which has not yet been handed over to the previously designated consignee; to change the place of delivery or request the transportation of cargo back to the sending place and bear all costs incurred due to such change;

c/ To be compensated when his/her/its cargo is wholly or partly lost, damaged or deteriorated in quality, is delayed in transportation due to the faults of railway transport enterprises as prescribed by law.

2. A transport hirer has the following obligations:

a/ To declare his/her/its cargo honestly and to be accountable for such declaration;

b/ To pay freight on time and by the mode agreed upon in the contract;

c/ To pack the cargo and satisfy the transport conditions under the guidance of the railway transport enterprise;

d/ To hand over the cargo to the railway transport enterprise on time and at the agreed place;

dd/ To provide papers, documents and other necessary information on the cargo;

e/ To pay compensations for damage caused by his/her/its dishonest cargo declaration to the railway transport enterprise or other damage caused due to his/her/its fault in accordance with law.

Article 62.Transportation of dangerous goods

1. Dangerous goods are goods which, when being transported by rail, may cause harms to human health or life and environmental sanitation.

2. Railway transportation of dangerous goods must comply with the law on transportation of dangerous goods and environmental protection.

3. Only rolling stocks that fully meet the technical safety conditions can transport dangerous goods.

4. The Government shall issue the list of dangerous goods and conditions for loading, unloading and railway transportation of dangerous goods.

Article 63.Transportation of live animals

Railway transportation of live animals must comply with the law on safety, hygiene, epidemic prevention and environmental protection.

Article 64.Transportation of corpses, human remains on national railways

1. Corpses and human remains, when being transported on national railways, must be accompanied by escorts.

2. Corpses and human remains, when being transported on national railways, must ensure hygiene, epidemic prevention and environmental protection, and shall be accompanied by adequate papers as required by law.

Article 65.Transportation of extra-long or extra-heavy cargo

1. Railway transport enterprises, when transporting extra-long or extra-heavy cargo, shall work out plans for organizing the cargo’s loading, unloading, reinforcement, transportation, ensuring safety for train operations and railway infrastructure.

2. The Minister of Transport shall prescribe the railway transportation of extra-long and extra-heavy cargo.

Section 4

FINANCIAL MANAGEMENT IN RAILWAY BUSINESS ACTIVITIES

Article 66.Charges and prices for use of railway infrastructure

1. Charges and prices for use of railway infrastructure directly related to train operations are sums of money payable when using railway infrastructure directly related to train operations for trains to run in stations, on rail lines or depot-to-depot sections.

a/ Charges for use of railway infrastructure directly related to train operations shall be applied to the mode of assignment of state-invested railway infrastructure assets for use.

b/ Prices for use of railway infrastructure directly related to train operations shall be applied to the mode of lease or transfer for specific periods of the rights to use state-invested railway infrastructure assets.

2. Prices for use of railway infrastructure not directly related to train operations are sums of money payable for use of railway infrastructure not directly related to train operations.

3. The Ministry of Finance shall assume the prime responsibility for, and coordinate with the Ministry of Transport in, prescribing charges and prices for use of state-invested railway infrastructure.

Article 67.Charges for railway transport administration services

1. Charges for railway transport administration services are sums of money payable for the use of railway transport administration services for train operations in stations, on rail lines or depot-to-depot sections.

2. The charge-setting competence is prescribed below:

a/ The Ministry of Transport shall assume the prime responsibility for, and coordinate with the Ministry of Finance in, setting charges for railway transport administration services on state-invested railway infrastructure;

b/ Organizations and individuals shall decide on charges for railway transport administration services on railway infrastructure invested by themselves.

Article 68.Supports for railway enterprises in the performance of special or social welfare tasks

1. The State shall provide supports for railway enterprises that organize transportation in service of special or social welfare tasks on the principle of full offsetting of reasonable expenses incurred by the enterprises.

2. The Government shall detail this Article.

Article 69.Management and use of revenues from the State’s assignment, lease or transfer of state-invested railway infrastructure assets for specific periods

Revenues from the State’s assignment, lease or transfer of state-invested railway infrastructure assets shall be managed and used in accordance with the law on management and use of public property.

Chapter VII

URBAN RAILWAYS

Article 70.General requirements on urban railways

1. The development of urban railways must conform to local development master plans and create a driving force for urban development.

2. Efficient connection to other modes of urban transport for passenger transportation. Urban railway works shall be spatially and technically connected to nearby works, satisfying the synchronism requirement under the urban master plan.

3. Urban railway works, rolling stocks and equipment must satisfy economic and technical requirements, ensuring synchronism, safety, defense and security maintenance, fire and explosion prevention and fighting, rescue and salvage activities, urban landscape and environmental protection.

4. Urban railway safety corridors must meet the following requirements:

a/ Trees may not be planted and works may not be illegally constructed within the corridors;

b/ Being isolated so as to prevent all acts of illegal encroachment;

c/ Satisfying the requirements of fire and explosion prevention and fighting as well as rescue and salvage activities.

5. Convenience shall be ensured for passengers and access ensured for people with disabilities in accordance with law.

Article 71.Types of urban railways

1. Urban railways include underground tram lines, surface tram lines, overhead tram lines, automatic guided monorail lines and iron-wheel tram lines.

2. The development and promulgation of national regulations and technical standards applicable to various types of urban railways must comply with the law on technical regulations and standards.

Article 72.Policies on development of urban railways

1. The policies prescribed in Article 5 of this Law.

2. The State shall mobilize various resources for development of urban railways into a key mode of transport in major urban centers.

3. The State shall provide supports for urban railway business.

Article 73.Responsibilities of provincial-level People’s Committees for investment in, construction and management of, urban railways

1. To organize investment in, construction, management and operation of, urban railways in localities under their management.

2. To decide on the application of standards to urban railways.

3. To organize and guide the protection of urban railway infrastructure.

4. To promulgate according to their competence or submit to competent authorities for promulgation policies on urban railway freight supports in accordance with law.

Article 74.Rights and obligations of urban railway enterprises

1. To perform the rights and obligations of railway infrastructure enterprises and railway transport enterprises as prescribed in Articles 51 and 53 of this Law.

2. To research and apply scientific and technological advances, train and develop human resources meeting their business requirements.

Article 75.Requirements on urban railway infrastructure

1. Urban railway infrastructure must ensure the stability and sustainability and meet the technical requirements on safety, environment, fire and explosion prevention and fighting corresponding to types of invested urban railways.

2. The traction power supply system shall be controlled and supervised in a centralized and stable manner and have reserve capacity so as to avoid interrupted train operations.

3. The train operation administration system shall be operated in a centralized manner.

4. Information and necessary instructions for customers must be clear and understandable in Vietnamese and English.

Article 76.Ticket control system

1. The ticket control system must use modern and uniform technologies and can be connected to the ticket control systems of other modes of transport.

2. Ticket control equipment must prevent and limit acts of hacking and illegal access.

3. The ticket control system must be safe and accessible and usable by passengers and railway personnel.

Article 77.Management of urban railway safety

1. Newly constructed or upgraded urban railways, before being put into operation, shall be assessed and certified in terms of system safety; be appraised and granted with certificates of appraisal of dossiers on urban railway system safety.

2. Urban railway enterprises shall establish and maintain safety management systems and periodically granted with certificates of urban railway operation safety management system.

3. The Minister of Transport shall prescribe the assessment and certification of system safety for urban railways and grant certificates of appraisal of dossiers on urban railway system safety.

Chapter VIII

HIGH-SPEED RAILWAYS

Article 78.General requirements on high-speed railways

1. To efficiently connect major cities, economic centers and key economic regions as well as other modes of transport.

2. To ensure synchronism, modernity, safety, natural disaster prevention and control and environmental protection.

3. To be comprehensively studied in terms of the entire line and built according to transport demands and capital raising capability.

4. High-speed railway works, rolling stocks and equipment must satisfy technical requirements to ensure synchronism, safety and efficiency and satisfy fire and explosion prevention and fighting as well as rescue and salvage requirements.

5. To maintain a management system fully capable of controlling and supervising safe train operations.

6. Land reserved for high-speed railways under approved planning shall be planted with boundary markers under their construction master plan for management and investment and construction preparation.

7. High-speed railway safety corridors shall be strictly protected against all acts of illegal encroachment.

8. To ensure convenience for passengers and easy access to people with disabilities as prescribed by law.

9. To ensure human resource training and development as well as technology transfer according to construction plans and meeting management and operation requirements.

Article 79.Policies on high-speed railway development

1. The policies prescribed in Article 5 of this Law.

2. The State shall play the leading role in construction investment, organization of high-speed railway management, maintenance and operation.

3. To concentrate on development of high-speed railways connecting key economic regions, boosting socio-economic growth.

4. To develop synchronous and modern high-speed railways.

Article 80.Requirements on high-speed railway infrastructure

1. The high-speed railway infrastructure must ensure stability and sustainability and satisfy the technical requirements on safety, environment, fire and explosion prevention and fighting, corresponding to types of invested high-speed railways.

2. The traction power supply system shall be controlled and supervised in a centralized and stable manner and must have reserve capacity so as to avoid interrupted train operations.

3. The train operation administration system shall be organized in a centralized manner.

4. Information and necessary instructions for customers must be clear and understandable in Vietnamese and English.

Article 81.Management, operation and maintenance of high-speed railways

1. The State shall allocate funds for management and maintenance of state-invested high-speed railway infrastructure.

2. Investors shall ensure funds for management and maintenance of high-speed railway infrastructure invested by themselves.

3. The operation of high-speed railways must ensure safety, convenience and efficiency.

Article 82.Management of high-speed railway safety

1. Newly constructed or upgraded high-speed railways, before being put into operation, shall be assessed and certified in terms of system safety.

2. High-speed railway enterprises shall establish and maintain a safety management system.

Chapter IX

STATE MANAGEMENT OF RAILWAY ACTIVITIES

Article 83.Contents of state management of railway activities

1. To formulate, and organize the implementation of, railway development master plans, plans and policies.

2. To formulate, promulgate, and organize the implementation of, legal documents, national technical standards and regulations and technical-economic norms for the railway sector.

3. To disseminate and educate about the railway law.

4. To manage the investment construction of railway infrastructure; to announce the opening and closure of railway stations and lines.

5. To manage public investment funds invested in railways; to manage the maintenance of railway infrastructure.

6. To manage railway transport activities and railway transport administration activities.

7. To manage the assurance of security and safety for railway activities; to organize the management and assurance of security and safety for trains performing special tasks.

8. To manage activities of natural disaster prevention and control, search and rescue, and investigation of railway incidents and accidents.

9. To grant, re-grant, recognize, revoke and abolish certificates, permits and certificates related to railway activities.

10. To organize the registration and inspection of rolling stocks.

11. To manage scientific and technological activities; human resource training and development; environmental protection, response to climate change and energy conservation in railway activities.

12. To implement international cooperation in railway activities.

13. To manage prices, charges and fees in railway activities.

14. To inspect, examine and settle complaints and denunciations and handle law violations in railway activities.

Article 84.Responsibility for state management of railway activities

1. The Government shall perform the unified state management of railway activities.

2. The Ministry of Transport shall act as the focal body assisting the Government in performing the state management of railway activities.

3. Ministries and ministerial-level agencies shall, within the ambit of their respective tasks and powers, organize the state management of railway activities.

Article 85.Railway law propagation, dissemination and education

1. All organizations operating in the railway sector shall conduct railway law propagation, dissemination and education for cadres, civil servants, public employees and workers under their management; and coordinate with local administrations at different levels in localities where railways run through in mobilizing people to observe the railway law.

2. The People’s Committees at different levels shall organize the dissemination of and education about the railway law among local people.

3. Information and propaganda agencies shall organize regular and wide dissemination of and education about the railway law to people.

4. The training and education state management agencies shall direct the education about the railway law in education institutions.

5. The Vietnam Fatherland Front and its member organizations shall coordinate with related agencies and local administrations in propagating the railway law among the people and mobilizing them to observe the railway law.

Chapter X

IMPLEMENTATION PROVISIONS

Article 86.Effect

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

2. Railway Law No. 35/2005/QH11 ceases to be valid on the effective date of this Law.

Article 87.Transitional provisions

1. Investment projects on construction of railway infrastructure, which are approved before this Law takes effect, are not required to be re-approved, while their unimplemented activities shall be carried out in accordance with this Law.

2. For connection positions of rail lines existing before this Law takes effect and failing to comply with Clause 1 of Article 15 of this Law, railway infrastructure enterprises shall apply measures to ensure train operation safety.

3. For railway-railway level-crossing intersections existing before this Law takes effect and failing to comply with Clause 1, Article 17 of this Law, railway infrastructure enterprises shall apply measures to ensure train operation safety.

4. For unauthorizedly opened passages existing before this Law takes effect and failing to complying with Point b, Clause 4, Article 17 of this Law, the People’s Committees at different levels shall assume the prime responsibility for, and coordinate with related state management agencies and railway infrastructure enterprise in, applying measures to ensure railway and road traffic safety.

This Law was passed on June 16, 2017, by the XIV^thNational Assembly of the Socialist Republic of Vietnam at its third session.-

Chairwoman of the National Assembly
NGUYEN THI KIM NGAN