Decree No. 16/2026/ND-CP on elaborating on certain Articles of the Railway Law

 

DECREE

ELABORATING ON CERTAIN ARTICLES OF THE RAILWAY LAW

Pursuant to the Law on Government Organization No. 63/2025/QH15;

Pursuant to the Law on Local Government Organization No. 72/2025/QH15;

Pursuant to the Railway Law No. 95/2025/QH15;

At the request of the Minister of Construction;

The Government hereby promulgates a Decree elaborating some Articles of the Railway Law.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Decree elaborates certain Articles of the Railway Law No. 95/2025/QH15 (hereinafter referred to as “the Railway Law”), including:

1. Clause 8 of Article 15 on naming, putting into operation, suspension and dismantling of railway lines and railway stations.

2. Clause 9 of Article 16 on roadmap and responsibility for dealing with railroad junctions and railroad crossings that are not conformable with the regulations of the Railway Law.

3. Point d clause 2 of Article 19 on formulation, appraisal, approval, announcement, implementation, assessment and adjustment of the railway line and station planning scheme.

4. Clause 3 of Article 38 on research and application of technologies and receipt of transferred technologies.

5. Clause 4 of Article 42 on management and maintenance of works shared by railways and roads and technical infrastructure works connected to and shared with railway works

6. Clause 6 of Article 44 on protection of railway infrastructure.

7. Clause 8 of Article 46 on railway infrastructure business; rights and obligations of railway infrastructure enterprises.

8. Clause 7 of Article 49 on conditions for rail transport business; rights and obligations of rail transport enterprises, passengers, consignors; exemption from and reduction in the price for transport of passengers who are social policy beneficiaries.

9. Clause 6 of Article 50 on transport in service of special and social security tasks and transport of dangerous cargoes.

10. Point b clause 4 of Article 56 on management and use of land reserved for railways.

Article 2. Regulated entities

This Law applies to domestic organizations and individuals; foreign organizations and individuals related to railway activities within the territory of Socialist Republic of Vietnam.

Article 3. Definitions

For the purposes of this Decree, the terms below are construed as follows:

1. “guard post” means a place where a person is assigned to be on duty 24 hours a day at locations that pose risks to railway traffic safety in order to take timely measures to ensure railway traffic safety.

2. “warning” means an activity carried out by a person or device when a train is about to pass through locations that are dangerous to railway traffic safety by using orders and other measures to warn road users not to cross the railway when a train is approaching the warning location.

3. “location posing risks to railway traffic safety” means a place where a railway crosses a road in a manner that does not conform to the provisions of Article 16 of the Railway Law and where railway traffic accidents frequently occur or may occur.

4. “dangerous cargo” means a cargo containing dangerous substances or dangerous items which, when transported by railway, may cause harm to human life and health, the environment, and national safety and security.

5. “land area” means adjacent land determined within a certain distance in accordance with this Decree in order to protect railway works.

Article 4. Formulation, appraisal, approval, announcement, implementation, assessment and adjustment of railway line and station planning scheme.

1. Main contents of the railway line and station planning scheme comprise:

a) Line alignment, starting point, ending point, line length, track gauges, major control points, bridges, tunnels, intersections; locations of stations and depots;

b) A plan for connection with modes of road, inland waterway, maritime and air transport; connection with the system of urban areas, economic zones, tourism areas, industrial parks and export-processing zones;

c) Demand for land use, demand for investment capital and roadmap for implementation of the planning scheme in order of investment priority;

d) Solutions for organizing the implementation of the planning scheme.

2. The formulation, appraisal, approval, announcement, implementation, assessment and adjustment of the railway line and station planning scheme shall comply with the planning law, railway law and relevant laws.

Article 5. Research and application of technologies and receipt of transferred technologies

The research and application of technologies and receipt of transferred technologies shall comply with the law on science, technology and innovation, law on technology transfer and other relevant laws.

Chapter II

RAILWAY INFRASTRUCTURE

Section 1. NAMING OF RAILWAY LINES AND RAILWAY STATIONS; PUTTING INTO OPERATION, SUSPENSION AND DISMANTLING OF RAILWAY LINES, LINE SECTIONS AND RAILWAY STATIONS

Article 6. Naming and renaming of railway lines and railway stations

1. Principles for naming or renaming of a railway line or railway station

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

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

c) The railway station is named after a place, historical figure, national hero, or historic and cultural site at the location of the railway station or named using ordinal numbers or characters;

d) The name of one line should not be identical to that in the Vietnamese railway system. Names of railway stations on a line should not be identical to each other Names of railway lines and railway stations must be appropriate to the national cultural identity and fine traditions and customs of the localities where such railway stations and railway lines exist and of the country; must be concise, clear, and memorable.

2. The naming of newly constructed railway lines and stations shall be determined during the stage of formulating the railway line and station planning scheme or during the state of preparing the pre-feasibility study report or feasibility study report of the project.

3. Authority to name and rename railway lines and railway stations

a) The Minister of Transport shall decide to name and rename national railway lines and stations at the request of project owners or work owners;

b) Provincial People’s Councils shall decide to name and rename urban railway lines and stations under their management at the request of project owners or work owners;

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

Article 7. Putting railway lines and railway stations into operation

1. Before being put into operation, railway lines and railway stations must be accepted and handed over in accordance with the law on construction.

2. Before being put into operation, high-speed railways, Grade I railways and urban railways newly constructed or upgraded must undergo system safety assessment and certification in accordance with the railway law before being put into operation.

3. An owner of or organization assigned to manage railway infrastructure assets shall decide to put the railway lines or railway stations into operation on the railways invested in and managed by such owner or organization.

Article 8. Suspension of railway lines, line sections and railway stations

1. The suspension of a railway line, line section or railway station means not organizing train operation on the railway line, line section or railway station for a certain period of time.

2. A railway line, line section or railway station may be suspended in one of the following cases:

a) Any works on the railway line, line section or railway station have reached the end of their service life, thereby posing a risk of causing safety hazards or incidents affecting the safety of users, nearby works, the environment, and the community, threatening train operation safety;

b) It is needed to serve the repair, renovation or upgradation of any works on the railway line, line section or railway station, which results in a compulsory suspension.

3. An owner of or organization assigned to manage railway infrastructure assets shall decide to suspend the railway lines, line sections or railway stations invested in and managed by such owner or organization.

Article 9. Dismantling of railway lines, line sections and railway stations

1. Dismantling of a railway line, line section or railway station means removing and no longer using all works and work items of that railway line, line section or railway station.

2. A railway line, line section or railway station may be dismantled in one of the following cases:

a) The operation of the railway line, line section or railway station affects national defense or security secrets, sovereignty or national interests;

b) The railway line, line section or railway station no longer conforms to the railway line and station planning scheme approved by the competent authority;

c) The need for the railway line, line section or railway station is obviated.

3. Authority to dismantle railway lines, line sections and railway stations

a) The Minister of Construction shall decide the dismantling of national railway lines, line sections and railway stations at the request of agencies, organizations or enterprises assigned to manage national railway infrastructure assets;

b) Chairpersons of Provincial People’s Committees shall decide the dismantling of local railway lines, line sections and railway stations at the request of agencies, organizations or enterprises assigned to manage local railway infrastructure assets;

c) Owners of specialized railway works shall decide to dismantle the railway lines, line sections or railway stations invested in and managed by such owners.

4. Before deciding the dismantling of a railway line, line section or railway station, the owner specified in clause 3 of this Article must obtain written consent of the Ministry of National Defense in cases where the railway line, line section or railway station affects national defense or security secrets, sovereignty or national interests.

Section 2. MANAGEMENT AND MAINTENANCE OF WORKS SHARED BY RAILWAYS AND ROADS AND TECHNICAL INFRASTRUCTURE WORKS CONNECTED TO AND SHARED WITH RAILWAY WORKS

Article 10. Management and maintenance of works shared by national railways and local railways, and works shared by railways and roads

1. Regarding works shared by railways and roads:

a) Work items used for railways shall be managed and maintained by organizations assigned to manage railway infrastructure assets;

b) Work items used for roads shall be managed and maintained by organizations assigned to manage road infrastructure assets;

c) Other work items for shared use shall be managed and maintained by organizations assigned to manage railway infrastructure assets;

d) In case a railway work has not yet been put into operation, the organization assigned to manage road infrastructure assets shall manage and maintain it. After the railway work is put into operation, the management and maintenance of other work items shall comply with the provisions specified in point c of this clause.

2. Works shared by national railways and local railways shall be managed and maintained by organizations assigned to manage national railway infrastructure assets;

3. For a work jointly managed and operated by multiple organizations or individuals, in addition to being responsible for the management, operation, and maintenance of the work’s parts under their private ownership, they must cooperate in the management, operation, and maintenance of the work’s parts jointly owned or jointly used.

Article 11. Management and maintenance of technical infrastructure works connected to railway works

1. The management and maintenance of technical infrastructure works connected to railway works shall be carried out as follows:

a) For systems for supply of power from grids; water supply and drainage systems for railway works, the management and maintenance thereof shall be carried out as per regulations of law on electricity and water supply and drainage;

b) Roads leading to railway stations:

For road sections or routes exclusively serving railway stations, the management and maintenance thereof shall be carried out by organizations assigned to manage railway infrastructure assets;

For road sections or routes leading to railway stations that serve both railways and local transport needs, the management and maintenance thereof shall be carried out in accordance with the law on roads;

c) Parking lots for private vehicles which are constructed inside or outside land area reserved for railways and are used for vehicle stopping and parking to pick up and release passengers and cargoes:

For parking lots constructed inside land area reserved for railways, the management and maintenance thereof shall be carried out by organizations assigned to manage railway infrastructure assets;

For parking lots constructed outside land area reserved for railways, the management and maintenance thereof shall be carried out in accordance with the law on roads;

d) Regarding transfer points between roads and railways, the management and maintenance thereof shall be carried out by local authorities.

2. Organizations and individuals managing assets of technical infrastructure works connected to railway works have the following responsibilities:

a) Prior to constructing technical infrastructure works connected to railway works, preside over and cooperate with organizations assigned to manage railway infrastructure assets to agree to the scope as prescribed in clause 1 of this Article;

b) Manage, operate, and maintain the works in such a manner as to ensure safety and avoid obstructing and affecting the operation of railway works.

Article 12. Management, operation and maintenance of technical infrastructure works shared with railways

1. The management, operation and maintenance of technical infrastructure works shared with railways must comply with the following regulations:

a) Not affecting safety of railway works and railway traffic safety; not obstructing the maintenance of railway works;

b) Regulations of law on maintenance of construction works, other relevant laws, and provisions of this Decree.

2. The owner of or the person managing and using infrastructure works installed in shared technical infrastructure works shall pay the costs of and carry out management and maintenance of such technical infrastructure works, unless otherwise agreed or otherwise prescribed by the installation contract.

3. The owner of or the person assigned to manage and use shared technical infrastructure works, the organization assigned to manage and use railway infrastructure assets, and other organizations or individuals must notify the owner or the person managing and using infrastructure works for repair if damage occurs, and provide information for cooperation in the management, operation, use, and maintenance of infrastructure works installed in shared technical infrastructure works, ensuring the safe and efficient operation of such works.

4. The owner of or person managing, operating and maintaining technical infrastructure works shared with railways must pay for and carry out the dismantling and relocation of construction works and shall not be compensated for the constructed works when requested by the competent authority.

Section 3. RAILWAY WORK CLEARANCE ZONES AND RAILWAY SAFETY CORRIDORS

Article 13. Surface railway line clearance zones

1. The overhead clearance zone and the clearance zone on both sides of a railway line shall comply with the standards and technical regulations applicable to projects and works.

2. In cases where no standard or technical regulation is available for a project or work, the overhead clearance zone of a railway line is measured from the top of the rail upward in a vertical direction and must not be less than the following values:

a) 7.5 meters for high-speed railways and standard-gauge Grade I railways;

b) 6.55 meters for standard-gauge Grade II, III and IV railways;

c) 5.3 meters for narrow-gauge railways;

d) For urban railways, the clearance zone shall be determined according to the overhead or third rail electrification method but must not be less than: 6.3 meters when applying the overhead alternating current electrification method, 5.4 meters when using applying the overhead direct current electrification method and 4.3 meters when applying the third rail electrification method.

3. In cases where no standard or technical regulation is available for a project or work, the clearance zone on both sides of a railway shall be determined as follows:

a) For subgrade without cutting and embankment, the clearance zone is from the outer edge of the outermost rail outward:

7.5 meters for high-speed railways;

5.4 meters for urban railways;

5.6 meters for remaining railways.

b) For cuttings and embankments:

05 meters from the toe of the embankment or the edge of the top of the cutting;

03 meters from the outer edge of the roadside ditch or the outer edge of the intercepting ditch of the cutting and embankment, or the outer edge of a protective or reinforcing work for the cutting and embankment with where such ditch or protective or reinforcing work exists.

4. Regarding existing railway lines currently in service that fail to satisfy the conditions specified in clauses 1, 2 and 3 of this Article, when renovating or upgrading a work that infringes upon the railway clearance zone, the project owner must adopt technical solutions to avoid affecting the stability and service life and to ensure safety of the railway works.

5. Protective fences must be constructed at the outer edge of the work clearance zone on both sides of railways in the horizontal direction for railway lines specified in clause 2 Article 44 of the Railway Law.

6. Detailed guidelines for determining railway work clearance zones are provided in clause 1 of the Appendix II hereto.

Article 14. Railway bridge clearance zones

1. The overhead clearance zone of a railway bridge is 02 meters measured vertically upward from the highest point of the railway bridge structure and must not be smaller than the overhead clearance zones of railways specified in clauses 1 and 2 Article 13 of this Decree.

2. The longitudinal clearance zone of a railway bridge shall be determined along the length of the bridge, measured from the end points of both bridge abutments.

3. The horizontal clearance zone of a railway bridge measured from the outermost edge of the bridge structure outward on each side along the length of the bridge shall be determined in compliance with the standards and technical regulations applicable to projects and works.

4. In cases where no standard or technical regulation is available for a project or work, the horizontal clearance zone of a railway bridge measured from the outermost edge of the bridge structure outward on each side along the length of the bridge is:

a) Regarding the urban viaducts, 10 meters for high-speed railway bridges; 03 meters for bridges carrying urban railways and high-speed railway bridges operating at the same speed as that of urban railways; 05 meters for remaining railway bridges;

b) Regarding bridges across urban rivers and canals:

10 meters for high-speed railway bridges; 05 meters for urban railway bridges and remaining railway bridges shorter than 20 meters;

20 meters for bridges with a length of from 20 meters to less than 60 meters;

50 meters for bridges with a length of from 60 meters to less than 300 meters;

100 meters for bridges with a length of more than 300 meters;

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

d) Regarding bridges across rivers outside urban areas:

20 meters for bridges with a length of less than 20 meters;

50 meters for bridges with a length of from 20 meters to less than 60 meters;

100 meters for bridges with a length of from 60 meters to less than 300 meters;

150 meters for bridges with a length of more than 300 meters;

dd) Detailed guidelines for determining horizontal clearance zones of railway bridges are provided in clause 2 of the Appendix I hereto.

5. The clearance zone under a railway bridge is 02 m from the lowest point of the span structure downwards.

6. Regarding existing railway bridges currently in service that fail to satisfy the conditions specified in clauses 1, 2, 3 and 4 of this Article, when renovating or upgrading a work that infringes upon the railway bridge clearance zone, the project owner must adopt technical solutions to avoid affecting the stability and service life and to ensure safety of the railway bridges.

7. In case the clearance zone under the bridge girder fails to comply with the technical regulations and standards, the agency or organization assigned to manage railway infrastructure assets shall preside over and cooperate with a state management agency in adopting measures for ensuring safety of railway works and persons upon maintenance and repair of railway bridges.

Article 15. Railway tunnel clearance zones

1. The clearance zone of a railway tunnel outside an urban area shall extend 50 meters outward from the outermost point of the tunnel lining on one side to the outermost point of the tunnel lining on the other side.

2. Clearance zone of a railway tunnel in an urban area:

a) Regarding an area where the construction of other works is forbidden (hereinafter referred to as “forbidden area”), which is the land area surrounding the tunnel with a rectangular cross section, the clearance zone shall be determined as follows:

For a circular tunnel, the clearance zone above and below the tunnel shall be equal to the outer diameter of the tunnel lining; the clearance zone to the sides of the tunnel shall be equal to the outer radius of the tunnel lining from the outer edge of the tunnel lining;

For a rectangular tunnel or underground station, the clearance zone above and below the tunnel or station shall be 06 meters; the clearance zone to the two sides of the tunnel or station is 03 meters;

For a cut-and-cover tunnel or semi-underground tunnel, the clearance zone above and below the tunnel shall be 06 meters; the clearance zone to the two sides of the tunnel shall be 03 meters; the overhead clearance shall comply with clauses 1 and 2 Article 13 of this Decree;

For a tunnel with another cross section, it shall be treated as a circular tunnel or rectangular tunnel, depending on which shape its cross section most closely resembles.

b) Regarding an area where the construction of other works is controlled, which is the land area above and outside the forbidden area and has the shape of a trapezium whose bottom edge divides the forbidden area and the top edge is the natural surface. The dimension of the top edge shall be:

Within a block: 30 meters from the centerline of the tunnel to each side;

At an underground station: 40 meters from the centerline of the tunnel to each side;

c) When constructing works, exploiting natural resources and conducting other activities in an area where the construction of other works is controlled, the project owner shall adopt technical solutions to avoid affecting the stability and service life and to ensure safety of the railway tunnels.

d) Detailed guidelines for determining clearance zones of railway tunnels in urban areas are provided in clause 3 of the Appendix I hereto.

3. For railway tunnels constructed after existing subsurface structures that do not satisfy the regulations set out in clauses 1 and 2 of this Article, the railway project investor must implement technical solutions to ensure the safety of the existing subsurface structures.

4. Regarding existing railway tunnels currently in service that fails to satisfy the regulations specified in clauses 1 and 2 of this Article, when renovating or upgrading a work that infringes upon the railway tunnel clearance zone, the project owner must adopt technical solutions to avoid affecting the stability and service life and to ensure safety of the railway tunnels.

5. In addition to complying with the provisions of this Decree, the management of railway tunnels in urban areas must comply with the provisions of law on management of urban underground construction space.

Article 16. Railway station and depot clearance zones

1. The overhead clearance of a railway station or depot is prescribed as follows::

a) The overhead clearance zone of a railway is measured from the top of the rail upward in a vertical direction in accordance with clause 1 and clause 2 Article 13 of this Decree;

b) The overhead clearance zone of another work is 02 meters measured vertically upward from the highest point of the work and must not be smaller than the overhead clearance zones of railways specified in clauses 1 and 2 Article 13 of this Decree.

2. Horizontal clearance zones of stations and depots

a) The horizontal clearance zone of a surface railway or depot is indicated by its fences and boundary markers, and the entire land area inside the fences or boundary markers of the station or depot according to the planning scheme;

b) The horizontal clearance zone of an elevated station is 03 meters from the outermost edge of the station structure.

3. In the cases where a railway station or depot is part of a multi-purpose complex, the clearance zone of a railway station or depot’s work covers the entire work and space allocated for the railway station or depot.

4. Regarding the ventilation, water supply and drainage systems, works serving fire prevention and firefighting, rescue, station entrances and exits and other auxiliary works and equipment, the clearance zones thereof shall comply with standards and technical regulations applicable to projects and works, and other relevant laws.

Article 17. Clearance zones of railway communication and signaling works and power supply systems

1. Clearance zones of railway communication and signaling lines and boxes

a) The overhead clearance zone is 2.5 meters measured vertically upward from the uppermost line;

b) The clearance zone to the two sides is 2.5 meters measured outward from the outermost line;

c) The lower clearance zone is the entire space, land area, and water area below the lines, and is 2.5 meters outward from the outermost line to each side;

d) Regarding existing railway communication and signaling lines and boxes currently in service that fail to satisfy the regulations specified in points a, b and c of this clause, when renovating or upgrading a work that infringes upon the clearance zone, the project owner must adopt technical solutions to avoid affecting the stability and service life and to ensure safety of the railway communication and signaling works and power supply systems;

dd) Detailed guidelines for determining clearance zones of railway communication and signaling lines and boxes are provided in clause 4 of the Appendix I hereto.

2. Cle of railway works and railway power lines shall comply with regulations of law on electricity.

Article 18. Railway revetment clearance zones

The clearance zone of a railway revetment is determined as follows:

1. Regarding an anti-erosion revetment for protection of railway subgrade

a) 50 meters on each side from both ends of the revetment to the upper reach and lower reach;

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

2. Regarding a revetment for flow training

a) 100 meters on each side from the foot of the revetment to the upper reach and lower reach;

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

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

3. In the cases where the clearance zone of the revetment prescribed in clause 1 or 2 of this Article and the clearance zone of the flood control system overlap, the boundary is the midpoint of the distance between the two outermost points of the two works.

Article 19. Railway safety corridors

1. The width of a railway safety corridor which is measured from the outer edge of the railway clearance zone on both sides in the horizontal direction outward on each side shall be determined in accordance with the standards and technical regulations applicable to projects and works.

2. In cases where no standard or technical regulation is available for a project or work, the width of a railway safety corridor is measured from the outer edge of the railway clearance zone on each side as follows:

a) For high-speed railways: 05 meters in urban areas, 15 meters outside urban areas;

b) For surface urban railways and the remaining railways: 03 meters.

3. The height of a railway safety corridor is measured vertically from the ground upward to the limit of the overhead clearance zone of the railway as prescribed in clause 1 and clause 2 Article 13 of this Decree.

4. Detailed guidelines for determining a railway safety corridor are provided in clause 1 of the Appendix I hereto.

5. Railway safety corridor at level crossings

The railway safety corridor at a level crossing is limited by the vision of an operator of a railway or road vehicle passing through the level crossing according to the following regulations.

a) The train driver, from his/her position, must be able to see the level crossing from a distance of at least 1,000 meters;

b) Regarding the level crossing without a flagman, the road vehicle operator, when at a distance from the level crossing equal to the stop sight distance from the level crossing, must be able to see a train approaching the level crossing at a distance at least equal to his/her horizontal vision from the middle of the intersection;

c) Detailed guidelines for determining safety corridor at level crossings are provided in clause 5 of the Appendix I hereto.

6. In case a railway runs close or adjacent to a road structure, the railway safety corridor shall be determined as follows:

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

b) In case the road and the railway are adjacent to each other and share a roadside ditch, the boundary of the safety corridor is the bottom edge of the ditch on the more elevated subgrade; if the elevation is the same, the boundary of the safety corridor is the bottom edge of the ditch on the railway;

c) When constructing a new structure close or adjacent to the existing railway work, it is required to construct it outside the land area for railways. In case of failure to locate the structure outside the land area for railways, the project owner must adopt technical solutions to avoid affecting the stability and service life and to ensure safety of the railway work, and obtain a construction permit as prescribed in clause 5 Article 44 of the Railway Law before adoption.

7. In case the railway and the road are grade-separated, the railway safety corridor shall comply with the regulations specified in clauses 1 and 2 of this Article.

8. In case a railway runs close or adjacent to inland waterway channel safety corridor or navigational channel clearance zone, the railway safety corridor shall be determined as follows:

a) In case a railway runs close or adjacent to inland waterway channel safety corridor or navigational channel clearance zone, it is required to ensure that the railway and inland waterway channel or navigational channel must lie outside the traffic safety corridor of the other railway and inland waterway channel or navigational channel;

b) Where the railway safety corridor coincides with the inland waterway channel or navigational channel clearance zone, the provisions of law on inland waterways and maritime law shall apply. The management and use of the inland waterway channel safety corridor or navigational channel clearance zone must not affect the quality of railway works or railway traffic safety;

c) The dredging and clearance of an inland waterway channel or navigational channel that is adjacent to the railway safety corridor must not affect the safety of railway works and rail transport safety.

9. In case a railway runs close to a high voltage grid, the railway safety corridor shall be determined as follows:

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

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

c) The renovation or repair of the high voltage grid that is adjacent to the railway safety corridor must not affect the safety of railway works and rail transport safety.

10. In case the railway runs close to a national security-related work, the railway safety corridor shall be determined as follows:

a) In case the railway runs close to a national security-related work, it is required to ensure that the railway safety corridor lies outside the clearance zone of the national security-related work;

b) The renovation and repair of railway works must not affect national security-related works;

11. In case a railway runs close to a historic and cultural site or scenic landscape, the railway safety corridor shall be determined as follows:

a) In case a railway work is located near a historic and cultural site or scenic landscape, it is required to ensure that the railway safety corridor lies outside the clearance zone of and does not affect the historic and cultural site or scenic landscape in accordance with regulations of law on cultural heritage;

b) In case the railway safety corridor and the clearance zone of the historic and cultural site or scenic landscape overlap, when renovating or repairing a railway work, it is required to avoid affecting the historic and cultural site or scenic landscape and to comply with regulations of the law on cultural heritage.

Section 4. MANAGEMENT AND USE OF LAND RESERVED FOR RAILWAYS

Article 20. Details of management of land reserved for railways

Details of management of land reserved for railways shall include:

1. Managing the use of land reserved for railways according to Article 23 of this Decree and regulations of law on land.

2. Preparing, managing and archiving dossiers on management of land reserved for railways in accordance with Article 22 of this Decree and regulations of law.

3. Updating boundary of land reserved for railways as prescribed in Article 21 of this Decree according to the planning scheme and plan for use of land reserved for railways.

Article 21. Determining boundary of land reserved for railways

1. Land within the clearance zone of a railway work or railway safety corridor must have its boundary specifically determined by coordinates and be uniformly updated to the cadastral dossiers and land databases of localities which the railway passes through.

2. Any agency or organization assigned to manage railway infrastructure assets shall preside over and cooperate with People’s Committees at all levels in determining the boundary of the land reserved for railways as a basis for handover to local authorities for management.

3. The preparation and submission of boundary marker planting dossiers for approval and planting and management of boundary markers for land reserved for railways shall comply with regulations of the land law.

Article 22. Dossiers on management of land reserved for railways

A dossier on management of land reserved for railways shall comprise:

1. A railway line and station development planning dossier prepared according to regulations and approved by a competent authority.

2. A cadastral dossier on land reserved for railways in the locality which the railway passes through.

3. A dossier on boundary markers for land reserved for railways, including: explanatory report, drawings, relevant legal documents, and the juridical person documents of the surveying and mapping organization selected to prepare the boundary marker planting dossier and plant boundary markers; a decision approving the boundary marker planting dossier.

4. A dossier on land expropriation, compensation, support and resettlement within the land area reserved for railways; decision on allocation of land for construction of railway work issued by the competent authority in the case of construction of a new railway work.

Article 23. Use of land within areas of land reserved for railways

1. Land within the clearance zone of a railway work shall be only used in the following cases:

a) Temporarily gather materials, machinery and equipment for railway work construction, provide that road users’ vision, railway work safety and rail transport safety, environmental hygiene, fire and explosion prevention and fighting are not affected;

b) Construct works as prescribed in Article 24 of this Decree while being unable to locate such works outside the clearance zone of the railway work or the railway safety corridor.

2. Land within a railway safety corridor may be:

a) Temporarily used for agricultural purposes. Trees less than 1.5 meters may be planted provided that they do not the stability and safety of the railway work and rail transport safety during operation;

b) Used for construction of works used for propagation purposes at the request of state agencies.

3. Inside a railway terminal or station, the installation of commercial advertising boards and traffic safety propaganda boards must comply with regulations of the law on advertising and not affect the safety of railway works, train operation safety, rescue operations where necessary and road users’ vision.

4. Land inside the land area reserved for railways must not be used in the following cases:

a) Construct architectures and plant trees that block road users’ vision, except construction works specified in Article 24 of this Decree;

b) Construct works that are not related to railway tunnels in urban areas in the forbidden area as prescribed in point a clause 2 Article 15 of this Decree;

c) Construct works within the traffic safety corridor at level crossings without deploying guards and in a manner that obstructs the railway vehicle operators’ vision as prescribed in clause 5 Article 19 of this Decree.

5. Existing works within land area reserved for railways:

a) Works that directly affect the safety of railway works and threaten railway traffic safety must be immediately dismantled;

b) Regarding existing works which are located within land area for railways as prescribed in this Decree but have not directly affected railway work safety and threatened railway traffic safety, their owner must not expand or encroach upon areas of such works or encroach upon the existing space and must commit the local government and railway infrastructure enterprise to ensure railway traffic safety. The Government’s Decree No. 56/2018/ND-CP dated April 16, 2018 on management and protection of railway infrastructure, and other relevant laws may continue to apply to these works.

Article 24. Construction of works within areas of land reserved for railways

1. Essential works serving national defense, security, natural disaster management, socio-economic purposes, and technical infrastructure works shared with railways (hereinafter referred to as “essential works shared with railways”) comprise:

a) Works used as facilities, utilities, or structures serving national defense and security purposes;

b) Works serving transportation, including: road bridges, railway bridges, pedestrian bridges, railway tunnels, road tunnels, pedestrian tunnels, roads; breakwaters, sandbreaks, drift dikes, and embankments; sluices, tanks, trenches, tunnels, and utility tunnels serving transportation;

c) Works serving agriculture and rural development, including: dams, dikes, revetments, canals, ditches, water intake sluices, drainage sluices, hydraulic tunnels;

d) Works serving industrial production purposes, including: electric poles, power lines, electrical substations, and facilities supplying energy to vehicles;

dd) Technical infrastructure works, including: water supply pipelines, drainage pipelines/sluices, public lighting systems, telecommunications stations, antenna towers, cable posts, telecommunications cables, sluices, tanks, trenches, utility tunnels, and other structures used for technical infrastructure facilities and utilities;

e) Works serving natural disaster management in accordance with law on natural disaster management;

g) Other essential works shared with railways decided by the Minister of Construction regarding national railways and by Chairpersons of provincial People’s Committees regarding local railways.

2. When investing in the construction of the works specified in clause 1 of this Article, technical solutions must be adopted to ensure that they do not affect the stability, service life or safety of railway works and railway traffic safety, environmental hygiene, fire and explosion prevention and fighting, rescue operations; at the same time, it is required to conform to railway line and station planning scheme, sectoral planning schemes, and local planning schemes, and obtain a construction permit from the competent authority in accordance with clause 5 Article 44 of the Railway Law before the construction.

3. When constructing works used for propagation purposes at the request of state agencies (such as billboards, posters, propaganda paintings, etc.) within railway work clearance zones or railway safety corridors, solutions must be in place to ensure railway work safety and railway traffic safety.

4. The construction of a collector road within the clearance zone or railway safety corridor of an existing national railway or specialized railway in cases where it cannot be located outside the land area reserved for railways, in addition to complying with points b and c clause 3 Article 44 of the Railway Law, must meet the following requirements:

a) The collector road must be fully equipped with signs designated for vehicles permitted to operate on the road and technical solutions must be adopted to ensure that it does not affect the stability, service life or safety of railway works and rail transport safety;

b) In the event of an approved collector road project, its scale, construction investment cost, and responsibilities for management and maintenance during its operation must be explicitly determined;

b) The owner of the collector road construction project must provide funding for management and maintenance during operation of the collector road.

Article 25. Construction of works, exploitation of natural resources and other activities in the vicinity of land areas reserved for railways

1. The minimum safety distance when constructing works in the vicinity of a land area reserved for railways is determined as follows:

a) Houses made of combustible materials must be at least 05 meters away from the boundary line of the railway safety corridor;

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

c) Warehouses containing toxic substances, explosives, flammable substances must be located at a distance from the boundary line of the railway safety corridor;

d) For electricity works and transmission lines crossing or running along both sides of railway works, railway work clearance zones or railway traffic safety corridors, in addition to ensuring safety distances in accordance with the law on electricity, solutions must be in place to ensure that they do not interfere with railway communication and signaling systems and to ensure safety in the event of failure or breakage of the transmission lines;

dd) Regarding a mast-like work, it is required to ensure that the minimum horizontal distance from the outer edge of the clearance zone of a high-speed railway to the nearest point of the mast-like work is equal to the height of the mast;

e) Regarding other works constructed in the vicinity of land areas reserved for railways, it is required to maintain a distance sufficient to ensure that they do not obstruct the railway vehicle operators’ vision and do not affect the safety of railway works.

2. Construction of works, exploitation of natural resources, and other activities in the vicinity of land areas reserved for railways

a) Construction project owners and organizations and individuals exploiting natural resources or conducting other activities that may affect the railway work and railway traffic safety must comply with point b clause 4 Article 44 of the Railway Law. Before constructing works, exploiting natural resources or conducting other activities, project owners, organizations and individuals shall adopt technical solutions for railway work and rail transport safety assurance, environmental protection and fire and explosion prevention and fighting;

b) Regarding projects on investment in construction of urban area, industrial park, economic zone, residential area, trade center or other works which need to pass through railways, project owners must build a collector road outside the land area reserved for railways leading to the nearest level crossing or grade-separated junction. In case of renovating or upgrading a level crossing or constructing a new one, the regulations specified in clause 7 Article 16 of the Railway Law must be complied with.

Section 5. RAILWAY INFRASTRUCTURE BUSINESS

Article 26. Conditions for railway infrastructure business

When conducting railway infrastructure business, an organization must satisfy the following conditions:

1. It is established as prescribed by law.

2. It has specialized divisions in charge of management and maintenance of railway infrastructure; rail transport control; railway traffic safety.

3. A person in charge of the division for management and maintenance of railway infrastructure must possess a bachelor’s degree or higher in one of the following majors: transport construction engineering, automation, intelligent transport system, construction management, and must have at least 03 years of work experience in an enterprise managing, maintaining and construction railway infrastructure.

4. A person in charge of the division for rail transport control must possess a bachelor’s degree or higher in one of the following majors: transport operation, information technology, automation or intelligent transport system, and must have at least 03 years of work experience in the field of rail transport control.

5. A person in charge of the division for railway traffic safety must possess a bachelor’s degree or higher in one of the following majors: transport operation, transport mechanization, intelligent transport system, transport construction engineering, and must have at least 03 years of work experience in a rail transport enterprise or enterprise managing and maintaining railway infrastructure.

Article 27. Rights and obligations of railway infrastructure enterprises

1. A railway infrastructure enterprise reserves the right to:

a) Manage, use, operate, and maintain railway infrastructure under its management in accordance with law;

b) Request organizations and individuals whose activities involve railway infrastructure to comply with standards and technical regulations on railway;

c) Suspend train operation when railway infrastructure is deemed to pose a risk to the train operation safety;

d) Be compensated for damage in the event that railway infrastructure is damaged through the fault of other organizations or individuals;

dd) Receive State support in accordance with Articles 42, 43, and 44 of this Decree;

e) The railway infrastructure assigned to manage railway infrastructure assets may repair, renovate, upgrade, and supplement functions of such assets using their own capital in accordance with regulations to better serve the  asset management and operation purposes without affecting the form of asset allocation or the intended uses of such assets;

g) Suspend the provision of services if the railway transport enterprise fails to fulfill its obligation to pay service prices and charges in accordance with regulations;

h) Exercise other rights as prescribed by law.

2. A railway infrastructure enterprise is obliged to:

a) Manage, use and operate railway infrastructure assets in accordance with law;

b) Inspect and monitor the technical condition and quality of railway infrastructure as announced in order to ensure safe and smooth train operation;

c) Develop, adjust, and publish train timetables on lines and sections as a basis for train operation and, where possible, satisfy all requirements for allocation of railway infrastructure capacity;

d) Organize rail transport control on the railway system under its management. Provide the state management agency for railway and customers with information on rail transport control services and railway infrastructure capacity upon request;

dd) Promptly notify incidents threatening the train operation safety and any suspension of train operation to the station duty officers at both ends of the affected block, rail transport controllers and customers using railway infrastructure; take legal responsibility for its decisions on suspension of train operation;

e) Perform national defense and security tasks, and special train operation at the request of competent state agencies;

g) In a case where a railway infrastructure asset is allocated or leased out to the railway infrastructure enterprise by the State or the railway infrastructure enterprise receives the operation right transferred by the State but such railway infrastructure asset is damaged through the enterprise’s fault, the enterprise must take responsibility for restoration;

h) Declare prices of rail transport control services on state-invested and state-managed railways as allocated, leased out or transferred in accordance with the law on prices;

i) Fulfill other obligations as prescribed by law.

Section 6. ROADMAP AND RESPONSIBILITY FOR DEALING WITH RAILROAD JUNCTIONS AND RAILROAD CROSSINGS ON EXISTING RAILWAYS

Article 28. General requirements and principles

Upon dealing with intersect railroad junctions and railroad crossings that are not conformable with the provisions of the Railway Law and illegal crossings, the following requirements and principles shall be adhered to:

1. The railway line and station planning scheme and planning schemes for provinces which the railway passes through are conformed to.

2. No additional illegal crossings are created; the number of illegal crossings shall be reduced and gradually eliminated by way of building collector roads or fences along railways or grade-separated junctions in a manner that is within the capacity for capital raising.

3. Regarding construction works located outside railway safety corridors at level crossings, it is required to work out technical solutions to ensure traffic safety of persons and vehicles during operation in accordance with Article 25 of this Decree.

4. Newly constructed level crossings must meet technical requirements, conform to planning schemes and comply with the provisions of law.

Article 29. Junctions between specialized railways and national railways

1. The owner of a specialized railway shall invest in, construct and maintain grade-separated junctions between the specialized railway and the national railway.

2. Responsibilities of relevant authorities in cases where grade-separated junctions between specialized railways and national railway have not yet been constructed as prescribed in clause 1 of this Article:

a) The Ministry of Construction shall organize the renovation, upgrading and maintenance of part of national railway works by the junction with specialized railways;

b) The organization assigned to manage national railway infrastructure assets shall maintain part of national railway works by the junction with specialized railways in accordance with law when such assets are allocated, leased out or transferred; shall preside over and cooperate with owners of specialized railways to organize the protection and agree to implement measures to ensure train operation safety at such junctions; shall preside over and agree upon rail transport control of trains passing through such junctions;

c) Owners of specialized railways shall renovate, upgrade and maintain part of specialized railway works by the junction with national railways; shall cooperate in with and be subject to rail transport control by organizations assigned to manage national railway infrastructure assets for trains passing through such junctions.

Article 30. Locations posing risks to railway traffic safety

1. Locations posing risks to railway traffic safety (hereinafter referred to as “risky location”) include black spots of railway accidents, potential spots of railway accidents, and risky level crossings.

2. A black spot is an illegal crossing or another location where railway traffic accidents have occurred within a period of 12 months from the time of occurrence of an accident at the same location in any of the following cases:

a) 02 accidents, resulting in 02 or more fatalities;

b) 03 accidents, resulting in 01 fatality;

c) 04 or more accidents.

3. A potential spot is an illegal crossing or another location where railway traffic accidents may occur, and where the current condition of railway infrastructure and traffic management present factors causing risks to railway traffic safety, including the following cases:

a) The vision of vehicle operators is restricted;

b) The level crossing do not meet technical requirements, or distance between level crossings are not conformable with regulations issued by the Minister of Construction;

c) The railway safety corridor is violated or passes through densely populated areas;

d) Areas with multiple illegal crossings passing through railways and other locations posing potential safety risks.

4. A risky level crossing is a level crossing where railway traffic accidents frequently occur or may occur within the level crossing area determined in accordance with clauses 2 and 3 of this Article.

Article 31. Management of risky locations

1. People’s Committees of provinces where risky locations exist shall:

a) Preside over organizing the monitoring, analysis and preparation of dossiers for management and roadmaps for handling of risky locations, and implementation of measures for assurance of railway traffic safety at risky locations under their management;

b) Organize the management of risky locations as prescribed in point a clause 1 of this Article; promptly take measures to prevent the emergence of risky locations as prescribed in clause 2 Article 30 of this Decree.

2. The state management agency for railway transport shall:

a) Cooperate with People’s Committees at all levels in performing the task prescribed in point a Clause 1 of this Article on national railways;

b) Carry out inspections, and propose measures to ensure railway traffic safety at risky locations on national railways to the Ministry of Construction and provincial-level People’s Committees;

c) Direct organizations assigned to manage national railway infrastructure assets to comply with the regulations set out in clause 3 of this Article and inspect their compliance.

3. Organizations assigned to manage national railway infrastructure assets shall:

a) Preside over and cooperate with People’s Committees at all levels to prepare lists and roadmaps for handling of risky level crossings, and implement safety assurance measures at risky level crossings as prescribed in clause 4 Article 30 of this Decree;

b) Cooperate with People’s Committees at all levels in preparing dossiers for management and roadmaps for implementation of safety assurance measures at risky level crossings as prescribed in clauses 2 and 3 Article 30 of this Decree;

c) Manage dossiers, inspect and update risky locations for management purposes; promptly detect, report and cooperate with People’s Committees at all levels to take measures to prevent the emergence of risky locations as prescribed in clauses 2 and 3 Article 30 of this Decree;

d) Propose measures to ensure railway traffic safety at risky locations on national railways to the state management agency for railway transport;

4. Specialize railway owners shall:

a) Preside over and cooperate with People’s Committees at all levels in preparing dossiers for management and roadmaps for handling of risky locations, and implementation of measures for assurance of railway traffic safety at risky locations on specialized railways;

b) Manage dossiers, inspect and update risky locations on specialized railways for management purposes; promptly detect, report and cooperate with People’s Committees at all levels to take measures to prevent the emergence of risky locations on specialized railways.

Article 32. Measures to ensure traffic safety at risky locations

1. Provincial People’s Committees shall preside over organizing the implementation of the following measures:

a) Organize the implementation of measures to reduce and eliminate the number of risky locations prescribed in clauses 2 and 3 Article 30 of this Decree, except the cases specified in points a and b clause 4 of this Article, including: upgrading and renovating such crossings into railroad crossings in conformity with relevant planning schemes approved by competent authorities; building both collector roads and protective fences to establish connections to level crossings and grade-separated junctions;

b) In cases where the measures specified in point a clause 1 of this Article have not yet been implemented, apply enhanced traffic safety measures, including organizing traffic flow distribution for vehicles passing through risky locations to minimize density of vehicles crossing railways; implement measures to narrow the width of risky locations and put up adequate warning signs at illegal crossings in accordance with regulations;

c) Take measures to upgrade and improve traffic safety conditions or eliminate risky level crossings which they invest in, manage, maintain and operate;

d) Clear railway and road traffic safety corridors and implement measures to ensure traffic safety in areas under their management;

dd) In cases where the measures specified in points a, b and c of this clause are yet to be implemented, immediately formulate and implement a plan to issue warnings and do guard duty at posts, and assign personnel who have been professionally trained prior to keeping watch and doing guard duty at black spots.

2. The state management agency for railway transport shall:

a) Cooperate with People’s Committees at all levels and organizations assigned to manage railway infrastructure assets to comply with the regulations set out in clause 1 of this Article;

b) Urge and direct organizations assigned to manage railway infrastructure assets to implement the measures specified in clause 3 of this Article, and inspect their implementation.

3. Organizations assigned to manage national and local railway infrastructure assets shall:

a) Cooperate with People’s Committees at all levels and state management agency for railway transport to comply with the regulations set out in clause 1 of this Article at risky locations on railways;

b) Take measures to upgrade and improve traffic safety conditions at risky level crossings or eliminate risky level crossings when so decided by competent authorities. In cases where these measures are yet to be implemented, immediately formulate and implement a plan to issue warnings and do guard duty at posts at risky level crossings;

c) Preside over and cooperate with People’s Committees at all levels to provide professional training in issuing warnings and doing guard duty at posts, and supply equipment to personnel assigned by local authorities to issue warnings and do guard duty at posts at black spots.

4. Specialize railway owners shall:

a) Cooperate with People’s Committees at all levels to comply with the regulations set out in clause 1 of this Article at risky locations on specialized railways;

b) Take measures to upgrade and improve traffic safety conditions at risky level crossings or eliminate risky level crossings when so decided by competent authorities. In cases where these measures are yet to be implemented, immediately formulate and implement a plan to issue warnings and do guard duty at posts at these risky level crossings;

c) Preside over and cooperate with People’s Committees at all levels to provide professional training in issuing warnings and doing guard duty at posts, and supply equipment to personnel assigned by local authorities to issue warnings and do guard duty at posts at black spots on specialized railways which they invest, manage and maintain.

5. The public security force shall cooperate agencies and units mentioned in clauses 1 through 4 of this Article in preparing a plan to assign personnel and organize the implementation of safety assurance measures at risky locations.

Article 33. Funding for management, reduction, elimination of risky locations and measures to ensure traffic safety at risky locations

1. Funding for management, reduction, elimination of risky locations and measures to ensure traffic safety at risky locations specified in clauses 2 and 3 Article 30 of this Decree and risky level crossings which local authorities invest in, manage, maintain and operate shall be covered by the local government budgets and other funding sources as prescribed by law.

2. Funding for management, reduction and elimination of risky locations and measures to ensure traffic safety at risky locations specified in clause 4 Article 30 of this Decree shall be covered by the central government budget and other funding sources as prescribed by law, except risky level crossings which local authorities invest in, manage, maintain and operate.

3. Funding for management, reduction and elimination of junctions between specialized railways and national railways, level crossings on specialized railways or level crossings used by organizations and individuals which are identified as risky locations as specified in this Decree and measures to ensure traffic safety at risky locations shall be covered by owners of specialized railways and users.

Article 34. Roadmap for dealing with railroad junctions and railroad crossings

1. By the end of 2026, the following tasks must be completed:

a) For railroad junctions: complete the dossier preparation and management in accordance with Article 29 of this Decree; formulate a plan to eliminate railroad junctions;

b) For railroad crossings as prescribed in clauses 2 and 3 Article 30 of this Article:

Complete the dossier preparation and management of risky locations as prescribed in Article 31 of this Decree;

Formulate a plan to narrow, reduce and eliminate risky locations;

Narrow the width to less than 03 meters for all risky locations having a width of 03 meters or more;

Eliminate risky locations in densely populated areas along high-speed and high-density railway sections.

2. By 2030, the following tasks must be completed:

a) Eliminate all remaining risky locations on railway lines;

b) Complete the elimination of junctions between specialized railways and national railways.

Chapter III

RAIL TRANSPORT

Section 1. RAIL TRANSPORT BUSINESS

Article 35. Conditions for rail transport business

When conducting rail transport business, an organization must satisfy the following conditions:

1. It is established as prescribed by law.

2. It has specialized divisions in charge of rail transport organization, rail transport safety.

3. A person in charge of the division for rail transport organization must possess a bachelor’s degree or higher in one of the following majors: transport economics or logistics, and must have at least 03 years of work experience in a rail transport enterprise.

4. A person in charge of the division for railway traffic safety must possess a bachelor’s degree or higher in one of the following majors: transport operation, transport mechanization, intelligent transport system, transport construction engineering, and must have at least 03 years of work experience in a rail transport enterprise or enterprise maintaining railway infrastructure.

Article 36. Rights and obligations of rail transport enterprises

1. A rail transport enterprise reserves the right to:

a) Be provided with information on rail transport control services and techno-economic indicators related to the capacity of railway infrastructure;

b) Use railway infrastructure and rail transport services win thin the railway system for business purposes in accordance with regulations;

c) Suspend train operation when railway infrastructure is deemed to pose a risk to the train operation safety;

d) Be compensated for damage which is caused through the fault of a railway infrastructure enterprise or other organizations or individuals;

dd) Exercise other rights as prescribed by law.

2. A rail transport enterprise is obliged to:

a) Organize train operation in accordance with the published train timetables, maximum load orders and maximum speed orders;

b) Provide transport in service of special and social security tasks at the request of competent state agencies;

c) Promptly notify a railway infrastructure enterprise when stopping the train or cease train operation upon receiving notification from a railway infrastructure enterprise;

d) Pay fees for use of railway infrastructure to the State when using national railway infrastructure invested in by the State;

dd) Pay prices of rail transport services when using rail transport services to railway infrastructure enterprises;

e) Fully satisfy the conditions for train operation safety during operation; build and maintain an operation safety management system for railway vehicles;

g) Be under the direction of competent state agencies and cooperate with railway infrastructure enterprises in disaster management and handling of railway traffic accidents in accordance with law;

h) Compensate customers for damage in accordance with law;

i) Provide information on demand and capacity of transport vehicles and equipment to railway infrastructure enterprises for the purpose of establishing and distributing train timetables;

k) Take legal responsibility for its decisions on train operation suspension;

l) Not to apply the provisions enshrined in points c, d, dd and i of this clause to urban railways;

m) Fulfill other obligations as prescribed by law.

Article 37. Rights and obligations of passengers

1. A passenger reserves the right to:

a) Enjoy benefits corresponding to the ticket class and bring carry-on baggage free of charge according to the standard of weight and types prescribed by the rail transport enterprise;

b) Refund or exchange his/her ticket prior to departure and bear any charges (if any) in accordance with the regulations of the rail transport enterprise;

c) Be entitled to ticket refunds, compensation for damage, and reimbursement of expenses that arise from loss of life, damage to health or damage to property caused by the fault of the rail transport enterprise in accordance with law;

d) Be covered by health and life insurance in accordance with law;

dd) Exercise other rights as prescribed by law.

2. A passenger is obliged to:

a) Possess a passenger ticket and baggage ticket and self-preserve his/her carry-on baggage;

b) Provide compensation if causing loss of or damage to property of the rail transport enterprise;

c) Strictly comply with the regulation of carriage laid down by the rail transport enterprise and other relevant laws.

Article 38. Rights and obligations of transport service buyers

1. A transport service buyer reserves the right to:

a) Change a contract of carriage of cargo, even after the cargo has been delivered to a rail transport enterprise or loaded onto coaches, and bear any costs arising from such change;

b) Re-designate the consignee if the cargo has not yet been delivered to the previous consignee having the right to receive the cargo; change the place of delivery or request the return of the cargo to the place of dispatch, and bear all costs arising from the change of the consignee and place of delivery;

c) Receive compensation for the weight loss, damage or quality impairment of the cargo or overdue shipment caused by the fault of the rail transport enterprise in accordance with law;

dd) Exercise other rights as prescribed by law.

2. A transport service buyer is obliged to:

a) Declare cargoes truthfully and take responsibility for such declaration;

b) Pay freight charges within the time limit and by method of payment agreed upon in the contract;

c) Package cargoes and satisfy conditions of cargo carriage as instructed by the rail transport enterprise;

d) Deliver cargoes to the rail transport enterprise on schedule and to the designated place;

dd) Provide documents and other necessary information relating to the cargoes;

e) Receive compensation for the untruthful declaration of cargoes causing damage to the rail transport enterprise or for other damage caused by their fault in accordance with law;

g) Fulfill other obligations as prescribed by law.

Section 2. FARE REDUCTIONS FOR SOCIAL POLICY BENEFICIARIES TRAVELING BY TRAIN

Article 39. Beneficiaries eligible for fare reductions

1. Persons with meritorious services to the revolution as prescribed in clause 1 Article 3 of Ordinance No. 02/2020/UBTVQH14.

2. Persons with exceptionally serious disabilities, persons with serious disabilities; elderly persons.

3. Other beneficiaries as prescribed by law.

Article 40. Fare reductions for each social policy beneficiary

1. Fare reductions shall be granted to the following beneficiaries:

a) A 90% fare reduction for persons who engaged in revolutionary activities prior to the General Uprising on August 19, 1945 and Vietnamese Heroic Mothers;

b) A 30% fare reduction for persons with meritorious services to the revolution, except for those already entitled to the fare reduction specified in point a clause 1 of this Article;

c) Levels of fare reductions for persons with extremely serious disabilities; persons with serious disabilities; elderly persons shall comply with laws on persons with disabilities and elderly persons;

d) Levels of fare reductions for beneficiaries specified in clause 3 Article 39 of this Decree shall comply with the law.

2. The fare reductions specified in clause 1 of this Article shall be applied based on the actual ticket price of the seat class and train type used by each beneficiary.

3. Fare reductions for the beneficiaries specified in Article 39 of this Decree when traveling on international passenger trains shall comply with the provisions of treaties of which the Socialist Republic of Viet Nam is a member.

Article 41. Other provisions on fare reductions

1. Depending on its capacity and specific timeframes, a rail transport enterprise may expand the pool of beneficiaries eligible for fare exemptions or reductions, including children by age and other passengers; the levels of fare exemptions and reductions shall be determined by the enterprise.

2. Where a social policy beneficiary traveling by train is entitled to 02 or more fare reduction schemes, such beneficiary shall only be entitled to the highest fare reduction scheme.

3. Persons eligible for train fare reductions must provide information evidencing their eligibility for fare exemptions or reductions when purchasing train tickets.

Section 3. TRANSPORT IN SERVICE OF SPECIAL AND SOCIAL SECURITY TASKS

Article 42. Transport in service of special and social security tasks

1. The transport in service of special and social security tasks shall comply with clauses 1, 2, and 4 Article 50 of the Railway Law and shall be carried out as follows:

a) In respect of transport in service of special tasks: Ministries, ministerial agencies and provincial People’s Committees shall send written requests for transport in service of special tasks to rail transport enterprises;

b) In respect of transport in service of social security tasks: Ministries, ministerial agencies and provincial People’s Committees shall place orders with rail transport enterprises.

2. Every rail transport enterprise conducting transport in service of special and social security tasks may receive financial support upon its compliance with the provisions of Articles 43 and 44 of this Decree.

3. Every railway infrastructure enterprise may receive financial support for use of railway infrastructure and rail transport services upon its transport in service of special and social security tasks.

Article 43. Principles of supporting transport in service of special and social security tasks

1. Offset Reasonable costs shall be offset so that enterprises can balance revenues and expenditures without taking profit into account.

2. Reasonable costs of enterprises shall be determined and fully itemized for each train trip on each railway line or section when performing special and social security tasks.

3. Financial support shall be paid by the State directly to rail transport enterprises.

4. All reasonable costs (exclusive of interest) of a rail transport enterprise shall be covered by the state budget for train operation serving performance of special and social security tasks.

Article 44. Supporting transport in service of special and social security tasks

1. If there is a need for transport in service of special or social security tasks, a Ministry, central agency, provincial People’s Committee, socio-political organization or competent state agency shall send request a rail transport enterprise in writing to do so.

2. Upon receipt of the request from the agency specified in clause 1 of this Article, the rail transport enterprise shall prepare an implementation plan and a cost estimate (exclusive of loan interest) and submit them to the requesting agency for approval.

3. Every rail transport enterprise shall prepare a dossier on payment and settlement of costs incurred for each special task or social security task and submit it to the agency specified in clause 1 of this Article for appraisal and settlement of the costs of transport in service of special or social security tasks.

4. A dossier on payment and settlement shall include a written request of the competent agency specified in clause 1 of this Article; implementation plan, cost estimate, and cost settlement report prepared by the rail transport enterprise and approval decisions issued by the competent agency specified in clause 1 of this Article.

Section 4. LIST OF DANGEROUS CARGOES AND TRANSPORT OF DANGEROUS CARGOES BY RAIL

Article 45. Classification of dangerous cargoes

1. Depending on their chemical and physical properties, dangerous cargoes shall be classified into 9 categories and divisions/classes:

a) Category 1. Explosives and explosive articles;

Division 1.1: Substances and articles which have a mass explosion hazard.

Division 1.2: Substances and articles which have a projection hazard but not a mass explosion hazard.

Division 1.3: Substances and articles which have a fire hazard and either a minor blast hazard or a minor projection hazard or both, but not a mass explosion hazard.

Division 1.4: Substances and articles which present no significant hazard.

Division 1.5: Very insensitive substances which have a mass explosion hazard.

Division 1.6: Extremely articles which do not have a mass explosion hazard.

b) Class 2. Gases;

Division 2.1: Flammable gases.

Division 2.2: Non-flammable non-toxic gases.

Division 2.3: Toxic gases.

c) Class 3. Flammable liquids and liquid desensitized explosives;

d) Class 4;

Division 4.1: Flammable solids, self-reactive substances and solid explosives immersed in liquids or desensitized.

Division 4.2.: Substances liable to spontaneous combustion.

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

dd) Class 5;

Division 5.1: Oxidizing substances.

Division 5.2: Organic peroxides.

e) Class 6;

Division 6.1: Toxic substances.

Division 6.2: Infectious substances.

g) Class 7: Radioactive material.

h) Class 8: Corrosive substances.

i) Class 9: Miscellaneous dangerous substances and articles.

2. Containers and packages containing dangerous cargoes that have not been cleaned inside and outside after all cargoes are unloaded shall also be deemed to be dangerous cargoes.

Article 46. List of dangerous cargoes

1. List of dangerous cargoes which are classified into categories and divisions/classes associated with UN numbers and hazard identification numbers is prescribed in Appendix III to this Decree.

2. The level of hazard of each substance in the list of dangerous cargoes shall be indicated by a hazard identification number consisting of a group of 2 to 3 digits as specified in the Appendix IV to this Decree.

Article 47. Packages and containers of dangerous cargoes and packaging of dangerous cargoes

1. Packages and containers of dangerous cargoes and packaging of dangerous cargoes in the Vietnam’s territory must comply with standards, technical regulations or provisions of specialized laws applicable to such cargoes. Packages and containers of imported dangerous cargoes and packaging of imported dangerous cargoes shall comply with the manufacturer’s recommendations and requirements.

2. In the absence of standards, technical regulations or provisions of specialized laws or international standards or international technical regulations announced by the Ministry managing the list of dangerous cargoes, the following minimum requirements must be satisfied:

a) Packages and containers must be of good quality and strong enough to withstand the shocks and vibrations encountered during transport, transshipment between cargo transport units, loadings and unloading;

b) Packages and containers must be constructed and closed so as to prevent any loss of contents when prepared for transport which may be caused under normal conditions of transport, by vibration, or by changes in temperature, humidity or pressure;

c) No dangerous residue must adhere to the outside of packages and containers;

d) Parts of packages and containers that are in direct contact with dangerous substances must be designed to ensure that they are not affected or significantly weakened by dangerous substances packed inside; do not affect the composition, features and effects of dangerous cargoes;

dd) Packages and containers of dangerous cargoes in a liquid state must be designed to ensure that neither leakage nor permanent distortion occurs as a result of an expansion of the liquid caused by changes in temperature; also be capable of withstanding a pressure differential created during transport; must be leak-tested before leaving factories;

e) Inner packages and containers that are liable to break or be punctured easily such as those made of glass, porcelain or stoneware or of certain plastics materials must be secured in outer packages and containers with suitable cushioning materials;

g) Packages and containers containing volatile substances must be designed to ensure that they are kept from evaporating under normal conditions of transport at the manufacturer’s request;

h) Packages and containers of dangerous cargoes in granules or powders shall be designed to ensure that they are not scattered during loading and unloading or under normal conditions of transport.

Article 48. Cargo labels, hazard placards and signs

1. Dangerous cargoes shall be labelled in accordance with the law on chemicals and law on goods labels.

2. Hazard placards and signs shall be affixed at a location easily noticed on outer packages and containers. Size, designs and colors of hazard placards are provided for in Appendix V to this Decree.

3. Rectangular hazard signs, their size and colors are specified in Appendix V to this Decree. Hazard signs shall be affixed under hazard placards.

Article 49. Requirements for transport of dangerous cargoes

1. Organizations and individuals involved in the transport of cargoes on the list of dangerous cargoes prescribed in Article 46 of this Decree shall, in addition to complying with the provisions of railway law, comply with other relevant provisions of law.

2. The train assembly and operation during the transport of dangerous cargoes shall comply with the national technical regulations on railway operation and railway signaling.

3. Any person engaged in the transport of dangerous cargoes must be trained and must complete the dangerous cargo safety training program as prescribed in Article 50 of this Decree.

4. Coaches used for the transport of dangerous cargo must comply with national technical regulations and be suitable for the type of cargo transported

a) Coaches used for the transport of dangerous cargoes must bear hazard placards. If a coach carries different types of dangerous cargoes, the coach or specialized railway vehicle must bear all relevant hazard placards of such cargoes. The placards shall be affixed to both sides of a coach in a noticeable position;

b) After unloading all dangerous cargoes, the carrier shall clean the coach in accordance with regulations without impacting railways and the environment. Where the coach is not to be used to transport same type of cargo, the carrier shall remove or erase the hazard placards from such coach.

5. For a station where loading and unloading of dangerous cargoes take place, there must be an area for the cleaning of coaches used for the transport of dangerous cargoes. Waste and wastewater generated during the cleaning process must be collected, treated and managed in accordance with the law on environmental protection.

Article 50. Dangerous cargo safety training

1. Organization of dangerous cargo safety training

a) Transport service buyers or carriers shall organize dangerous cargo safety training;

b) Dangerous cargo safety training shall be organized separately or in combination with other safety training activities;

c) A person who has completed dangerous cargo safety training courses must be retrained when there is a change in the category of dangerous cargo or when he/she changes his/her working position.

2. Persons required to undergo dangerous cargo safety training include vehicle operators, station duty officers, train conductors, shunting crew members, freight staff; escorts, warehouse keepers, and loading and unloading workers.

3. Contents of dangerous cargo safety training

a) Training manuals shall be compiled by transport service buyers or carriers according to the categories and divisions/classes specified in clause 1 Article 46 of this Decree;

b) Training contents include name, hazardous properties, classification and labelling; safety risks during the storage, loading, unloading and transport of dangerous cargoes; procedures for storage, loading, unloading, and transport appropriate to the job position; provisions on dangerous cargo safety; emergency response procedures.

4. A dangerous cargo safety training instructor must have at least a bachelor’s degree and have at least 05 years of work experience relevant to the field of training.

5. The minimum duration of dangerous cargo safety training shall be 16 hours for each category and division/class of dangerous cargo, including the time allocated for examination.

6. Assessing results of and archiving dossiers on dangerous cargo safety training

a) A transport service buyer or carrier or unit having the functions of providing dangerous cargo safety training shall set tests to assess dangerous cargo safety training results;

b) Testing of training contents: testing contents must be consistent with the training contents. The maximum duration of a test is 02 hours. The trainee must achieve at least an average score to pass the test;

c) Within 07 working days from the date on which the dangerous cargo safety training and testing are completed, the organization or individual organizing the training and testing shall issue a decision to recognize the testing result and grant a certificate of completion of dangerous cargo safety training course;

d) A dangerous cargo safety training dossier includes training contents; trainees with information on their full name, date of birth, title, working position, signature confirming their participation in training; instructors with information on their full name, date of birth, educational qualifications, major, work experience accompanied by documentary evidence; contents and results of dangerous cargo safety training  testing; decisions to recognize results of dangerous cargo safety training testing issued by the organization or individual;

dd) The organization or individual shall fully archive dossier prescribed in point d of this clause for a period of 03 years and prevent it at the request of any state management agency.

Article 51. Loading and unloading of dangerous cargoes, storage of dangerous cargoes in warehouses

1. Organizations and individuals involved in loading and unloading of dangerous cargo and storage thereof in warehouses or yards must adhere to the guidelines on preservation, loading, unloading and transport of each type of dangerous cargo or as notified by the transport service buyer.

2. Loading and unloading of dangerous cargoes shall be carried out following the instructions and guidance of the transport service buyer. Cargoes that may interact with each other in a manner that increases the level of hazard must not be loaded onto the same coach or specialized railway vehicle. For categories and divisions/classes of dangerous cargoes required to be loaded, unloaded, and stored separately, such loading and unloading shall be carried out at a separate warehouse or yard.

3. The assembly of a train carrying dangerous cargoes shall comply with the provisions on transport of the respective categories and divisions/classes of such cargoes and with national technical regulation on railway operation.

4. In cases where the transport of dangerous cargoes does not require an escort, the carrier shall load and unload the cargoes following the instructions and guidance of the transport service buyer.

Article 52. Responsibilities of persons directly involved in transport of dangerous cargoes

1. In addition to complying with the provisions of the Railway Law and relevant provisions of this Decree, a person directly involved in the transport of dangerous cargoes shall:

a) Comply with the instructions stated in the notification of the dangerous cargo transport service buyer;

b) Upon detecting any incident involving dangerous cargoes that threatens the safety of persons, vehicles, the environment, or other cargoes during the transport, promptly take measures to restrict or eliminate the potential harm caused by such dangerous cargoes; prepare a record and report to the nearest local People’s Committee and relevant authorities for handling; where the incident is beyond his/her handling capacity, report to his/her superiors and the transport service buyer for timely handling.

2. In addition to the provisions set out under clause 1 of this Article, a railway worker directly involved in the transport of dangerous cargoes must:

a) Prepare a dossier on dangerous cargoes, including the transport document, loading plan, and other relevant documents;2

b) Regularly provide guidelines on and supervise the loading and unloading of cargoes onto and from vehicles and the storage of dangerous cargoes during the transport in a case where no escort is present;

c) Upon detecting any incident involving dangerous cargoes that threatens the safety of persons, vehicles, the environment, or other cargoes during the transport, promptly take measures to restrict or eliminate the potential harm caused by such dangerous cargoes; prepare a record and report to the nearest local People’s Committee and relevant authorities for handling; where the incident is beyond his/her handling capacity, report to his/her superiors and the transport service buyer for timely handling.

Article 53. Responsibilities of dangerous cargo transport service buyers

In addition to complying with the provisions of the Railway Law and relevant provisions of this Decree, a cargo transport service buyer shall:

1. Package each category of dangerous cargo in accordance with requirements for their sizes, weights and materials of packages and containers stated in respective technical standards as prescribed.

2. Affix hazard placards, hazard signs and cargo labels to outer packages and containers according to Article 48 of this Decree.

3. Prepare a dangerous cargo transport dossier and send it to the carrier, including a consignment note specifying the name of the dangerous cargo, code, category and division/class, total weight, type of packaging, number of packages, date of manufacture, place of manufacture; full names and addresses of the transport service buyer and the consignee.

4. Notify the carrier in writing of the requirements to be complied with during the transport, provide instructions for handling accidents or incidents, even when an escort is present; be liable for any losses incurred from delayed, inaccurate or invalid information, documents, or instructions.

5. Provide or engage a unit to provide dangerous cargo safety training for escorts in accordance with Article 50 of this Decree.

6. Appoint an escort where required by a competent authority. The escort shall regularly provide guidelines on and supervise the loading and unloading of dangerous cargoes on coaches; cooperate with the person involved in the transport of dangerous cargo in the preservation of cargoes for timely handling of any incident occurring during transport.

7. Provide adequate personal protective equipment as prescribed for persons involved in the transport of dangerous cargoes.

8. Purchase or authorize the carrier to purchase insurance for dangerous cargoes transported by rail in accordance with law.

Article 54. Responsibilities of enterprises transporting dangerous cargoes

In addition to complying with the provisions of the Railway Law and relevant provisions of this Decree, an enterprise transporting dangerous cargoes shall:

1. Arrange coaches suitable for the category of dangerous cargo to be transported.

2. Inspect cargoes to ensure safety prior to transport in accordance with regulations.

3. Fully comply with notifications of the transport service buyer.

4. Display hazard placards of the category and division/class of the dangerous cargo being transported in accordance with regulations.

5. Clean and remove or erase hazard placards on coaches after unloading all dangerous cargoes if such coaches are not to be used for transporting such dangerous cargoes.

6. Transport dangerous cargos only when all requirements concerning procedures, valid dossiers and packaging are satisfied.

7. Provide dangerous cargo safety training for persons involved in transport of dangerous cargoes as prescribed in Article 50 of this Decree.

8. Purchase insurance as prescribed by law.

Article 55. Responsibilities of People’s Committees at all levels upon occurrence of incidents during transport of dangerous cargoes

Upon receiving a notification of incident occurring during the transport of dangerous cargoes by rail, People’s Committees at all levels in the area where the incident occurs shall implement measures applied as per the law on civil defense.

Article 56. Transport of dangerous cargoes in special cases

The transport of dangerous cargoes in special cases shall comply with provisions on transport in service of special tasks set out under Article 42, Article 43, Article 44 and provisions on transport of dangerous cargo specified in this Decree.

Chapter IV

ORGANIZING IMPLEMENTATION

Article 57. Responsibilities of the Ministry of Construction

1. Handle national railway infrastructure assets after dismantlement in accordance with law.

2. Cooperate with People’s Committees of provinces through which railways pass in managing and using land reserved for railways in accordance with law.

3. Cooperate with provincial People’s Committees and relevant ministries and central agencies in propagating, disseminating. educating, and implementing legal provisions on the management and protection of railway infrastructure.

4. Direct and instruct agencies and organizations to manage and protect railway infrastructure in accordance with law.

5. Formulate plans, organize, and inspect the implementation of measures for prevention, response to, and repair of damage to railway works caused by natural disasters or hostile acts.

6. Annually report to the Government on the results of handling of railroad junctions and railroad crossings that are not conformable with the Railway Law according to the Form No. 02 in the Appendix II to this Decree.

Article 58. Responsibilities of the Ministry of Finance

1. Preside over and provide funding for the management and protection of national railway infrastructure in accordance with law.

2. Cooperate with the Ministry of Construction in making consolidated reports to competent authorities for the provision of state budget capital for the narrowing, reduction and elimination of level crossings unconformable with the provisions of this Decree.

3. Provide state budget capital to support railway enterprises in cases of transport in service of special and social security tasks as prescribed in this Decree.

Article 59. Responsibilities of the Ministry of National Defense

1. Comment on the dismantling of a railway line, line section or railway station as prescribed in Article 8 of this Decree in cases where the railway line, line section or railway station affects national defense or security secrets, sovereignty or national interests.

2. Fulfill the responsibilities prescribed in Article 56 of this Decree for the transport of dangerous cargoes in special cases serving urgent national defense and security tasks.

Article 60. Responsibilities of the Ministry of Public Security

1. Direct and instruct public security forces to conduct inspections, control and handle violations of laws on railway traffic order and safety; prevent, detect, fight and suppress violations and crimes, and prevent terrorism in railway activities; investigate and handle railway traffic accidents under its authority.

2. Preside over and cooperate with the Ministry of Construction, provincial People’s Committees, railway enterprises, and relevant organizations in propagating, disseminating and educating laws on security, order, fire and explosion prevention and fighting, rescue and salvage in railway activities.

3. Direct public security authorities of units and localities to deploy forces to participate in cross-sectoral working groups in the handling and elimination of illegal crossings in accordance with regulations.

4. Cooperate with the Ministry of Construction and provincial People’s Committees in exercising the functions of state management of assurance of railway traffic order and safety as prescribed by law.

Article 61. Responsibilities of provincial People’s Committees

1. Preside over and cooperate with the Ministry of Construction in directing the preparation of dossiers on existing illegal crossings on national railways in accordance with this Decree, and to ensure traffic order and safety at road-rail intersections on national railways.

2. Organize the management and elimination of illegal crossings passing through railways as prescribed in Section 6 Chapter II of this Decree.

3. On an annual basis, cooperate with the Ministry of Construction to report to the Government on the results of handling of railroad junctions and railroad crossings that are not conformable with the Railway Law according to the Form No. 02 in the Appendix II to this Decree.

4. Direct the implementation of regulations on the management and protection of land reserved for railways under their management; direct, provide guidance on, and inspect the management of land reserved for railways by relevant agencies under their management.

5. Organize the management and handling of local railway infrastructure assets in accordance with law.

6. Organize the management and protection of land within railway safety corridors in accordance with the Railway Law and land law.

7. Allocate local government budget for the management and protection of local railway infrastructure in accordance with law.

8. Cooperate with agencies and organizations assigned to manage railway infrastructure assets in determining boundary of land reserved for railways and preparing land management dossiers in accordance with Articles 21 and 22 of this Decree.

9. Conduct inspections, examinations, and settlement of complaints and denunciations related to the management and protection of railway infrastructure within provinces in accordance with law.

Article 62. Responsibilities of communal People’s Committees

1. Directly manage, protect and implement measures to prevent and promptly handle acts of encroaching upon land reserved for railways under their management as decentralized by provincial People’s Committees.

2. Preside over settlement of disputes, complaints and denunciations related to the management and protection of railway infrastructure under their management in accordance with law.

3. Chairpersons of People’s Committees of communes through which railways pass shall be held responsible for the emergence of illegal crossings passing through national railways or illegal encroachment and use of land reserved for railways.

4. Implement measures for management, protection, prevention, suppression, handling, and clearance of violations of railway safety corridors under their management.

5. Cooperate with agencies and organizations assigned to manage railway infrastructure to review, produce statistics on and classify works to organize implementation as prescribed.

6. Cooperate with agencies assigned to manage railway infrastructure assets in protecting and clearing violations within railway work clearance zones.

Article 63. Responsibilities of agencies, organizations and enterprises managing railway infrastructure assets

1. Use land reserved for railways for its intended purposes in accordance with land use planning schemes and plans approved by competent authorities.

2. Implement the regime for reporting protection and use of land reserved for railways in accordance with land laws and Form No. 01 in the Appendix II to this Decree.

3. Preside over or cooperate in producing statistics and compiling a list for management of level crossings on national railways that are not conformable with the Railway Law; risky locations; illegal crossings passing through national railways.

4. Annually report to the competent state agency on the results of handling of railroad junctions and railroad crossings that are not conformable with the Railway Law according to the Form No. 02 in the Appendix II to this Decree.

5. Organize the management and protection of land within railway work clearance zones in accordance with the Railway Law and land law.

Chapter V

IMPLEMENTATION CLAUSE

Article 64. Amending, supplementing and repealing several Articles of relevant Decrees

1. Several Articles of the Government’s Decree No. 37/2019/ND-CP dated May 07, 2019 elaborating some Articles of the Planning Law amended and supplemented by the Government’s Decree No. 58/2023/ND-CP dated August 12, 2023 amending and supplementing some Articles of the Government’s Decree No. 37/2019/ND-CP dated May 07, 2019 elaborating some Articles of the Planning Law, Government’s Decree No. 102/2024/ND-CP dated July 30, 2024 elaborating some Articles of the Law on Land, Government’s Decree No. 22/2025/ND-CP dated February 11, 2025 amending and supplementing some Articles of the Government’s Decree No. 37/2019/ND-CP dated May 07, 2019 elaborating some Articles of the Planning Law amended and supplemented by the Government’s Decree No. 58/2023/ND-CP dated August 12, 2023 are amended and supplemented as follows:

a) Point c clause 2 of Article 8 is amended as follows:

“c) Decide to approve tasks of formulating the national sectoral planning scheme within its competence;”;

b) Point d clause 2 of Article 8 is amended and supplemented as follows:

“d) Decide, within its competence, to select a consultancy to give advice on formulation of the national sectoral planning scheme if there is no consultancy that satisfies qualification requirements specified in Article 4 of this Decree;”;

c) Point h clause 2 of Article 8 is amended as follows:

“h) Decide to approve the national sectoral planning scheme within its competence; take responsibility for the accuracy of data, documents, diagrams, maps and database in the planning dossier, ensure its compliance with provisions of law on state secrets and other relevant laws;”;

d) Point d clause 1 of Article 18 is amended and supplemented as follows:

“c) The Ministry and ministerial agency assigned to formulate the national sectoral planning scheme shall establish an appraisal council and assign a standing body of the council for appraisal of tasks of formulating the national sectoral planning scheme.”;

dd) Point b clause 4 of Article 18 is amended and supplemented as follows:

“b) A Government’s draft resolution, regarding tasks of formulating the national master planning scheme, national marine spatial planning scheme or national land use planning scheme; competent person’s draft decision, regarding tasks of formulating the national sectoral planning scheme, regional planning scheme or provincial planning scheme;”;

e) Point b clause 1 of Article 19 is amended and supplemented as follows:

“b) A Government’s draft resolution, regarding tasks of formulating the national master planning scheme, national marine spatial planning scheme or national land use planning scheme; competent person’s draft decision, regarding tasks of formulating the national sectoral planning scheme, regional planning scheme or provincial planning scheme;”;

g) Title of clause 2 of Article 19 is amended and supplemented as follows:

“2. The Government’s resolution and competent person’s decision on approval for tasks of formulating a planning scheme shall contain at least:”.

2. Several Articles of the Government’s Decree No. 56/2019/ND-CP dated June 24, 2019 elaborating some Articles concerning transport in the Law on Amendments to some Articles concerning Planning of 37 Laws amended and supplemented by the Government’s Decree No. 165/2024/ND-CP dated December 26, 2024 elaborating some Articles of the Law on Road and Article 77 of the Law on Road Traffic Order and Safety are amended and supplemented as follows:

a) Clause 1 of Article 13 is amended as follows:

“1. Main contents of road infrastructure planning scheme, detailed planning scheme for seaport groups, terminals, wharves, floating terminals, berth pockets and water areas, land area and water area planning scheme and planning scheme for inland port system development are specified in clause 2 Article 1, clause 6, clause 10 Article 2 of the Law on Amendments to some Articles concerning Planning of 37 Laws.”;

b) Clause 1 of Article 21 is amended and supplemented as follows:

“1. The power to approve a planning scheme is specified in clause 2 Article 1, clauses 5, 6 and 10 Article 2 of the Law on Amendments to some Articles concerning planning of 37 Laws and point b clause 2 Article 19 of the Railway law.”.

3. Subsection 3 Section I Table 02 of the Appendix I to the Government’s Decree No. 32/2019/ND-CP dated April 10, 2019 on assignment, commissioning or bidding for supply of public services and products covered by state budget for frequent expenditures amended and supplemented by the Government’s Decree No. 125/2025/ND-CP dated June 14, 2025 on distinction of powers of 02-tier local governments over fields under state management of Ministry of Finance, Government’s Decree No. 214/2025/ND-CP dated August 04, 2025 on elaboration of and measures for implementation of the bidding law regarding contractor selection is amended and supplemented as follows:

“3. Management and maintenance of railway infrastructure; transport in service of social security tasks.”.

4. Clause 6 Article 44 of the Government’s Decree No. 105/2025/ND-CP dated May 15, 2025 on elaboration of some Articles and measures for implementation of the Law on Fire Prevention and Fighting, Rescue and Salvage is repealed.

5. Article 24 of the Government’s Decree No. 140/2025/ND-CP dated June 12, 2025 on distinction of powers of 02-tier local governments over fields under state management of Ministry of Construction is repealed.

6. Article 32 and Article 33 of the Government’s Decree No. 144/2025/ND-CP dated June 12, 2025 on distinction and decentralization of powers over fields under state management of Ministry of Construction are repealed.

7. Section 12 part IV of the Appendix V to the Government’s Decree No. 85/2024/ND-CP dated July 10, 2024 on elaboration of some Articles of the Law on Prices.

Article 65. Effect

1. This Decree comes into force from the date of signing.

2. The following Decrees shall cease to have effect from the effective date of this Decree:

a) Government’s Decree No. 56/2018/ND-CP dated April 16, 2018 on management and protection of railway infrastructure;

b) Government’s Decree No. 65/2018/ND-CP dated May 12, 2018 on elaboration of some Articles of the Railway Law;

c) Government’s Decree No. 01/2022/ND-CP dated January 04, 2022 amending and supplementing some Articles of the Government’s Decree No. 65/2018/ND-CP dated May 12, 2018 on elaboration of some Articles of the Railway Law;

d) Government’s Decree No. 91/2023/ND-CP dated December 14, 2023 amending and supplementing some Articles of the Government’s Decree No. 65/2018/ND-CP dated May 12, 2018 on elaboration of some Articles of the Railway Law and Government’s Decree No. 01/2022/ND-CP dated January 04, 2022 amending and supplementing some Articles of the Government’s Decree No. 65/2018/ND-CP dated May 12, 2018 on elaboration of some Articles of the Railway Law;

3. If any of the legislative documents referred to in this Decree is amended, supplemented or replaced, the provisions referred to in this Decree will also be adjusted and implemented according to the amending, supplementing or replacing legislative document.

Article 66. Transitional clauses

1. Any railway infrastructure enterprise or rail transport enterprise established before the effective date of this Decree shall continue to apply the business conditions set forth in Article 20 and Article 21 of the Decree No. 65/2018/ND-CP. Within 24 months from effective date of this Decree, the railway infrastructure enterprise or rail transport enterprise must satisfy all business conditions as specified in this Decree.

2. For any project on investment in construction of railway infrastructure approved before the effective date of this Decree, the determination of the railway work clearance zone and railway safety corridor as specified in section 3 Chapter II of this Decree shall continue to comply with the provisions laid down under the Decree No. 56/2018/ND-CP.