Law on Railway of Vietnam 2025

 

RAILWAY LAW

Pursuant to the Constitution of the Socialist Republic of Vietnam amended by the Resolution No. 203/2025/QH15;

The National Assembly hereby promulgates the Railway Law.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Law provides for railway activities; rights, obligations and responsibilities of organizations and individuals related to railway activities.

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 Law, the terms below are construed as follows:

1. “railway activities” mean those carried out by organizations and individuals in the areas of planning, investment in construction, management, maintenance and protection of railway infrastructure; rail transport; railway industry; rail transport safety; railway business and other relevant activities.

2. “train operation” means an activity of moving railway vehicles.

3. “railway work” means a work that is built to serve rail transport, including roads, bridges, culverts, tunnels, embankments, retaining walls, stations, train depots, sewerage systems, signaling systems, fixed signaling systems, railway traction power supply systems and other railway works and auxiliary equipment.

4. “technical infrastructure works connected to railway works” include system for supply of power from the grid to railway works; water supply and drainage system for railway works; roads leading to railway stations; private parking lots; transfer points between roads and railways.

5. “railway industry work” means a work that is built to serve the manufacturing, assembly, repair and modification of railway vehicles; manufacturing of specialized components, accessories, supplies and equipment of the railway.

6. “Transit-Oriented Development”, abbreviated to TOD, means an approach to urban planning, renovation, embellishment and development which concentrates residential, commercial, and office spaces around a rail transport hub.

7. “local railway project applying TOD model”(hereinafter referred to as “TOD-modeled local railway project”) means an investment project established for the entire or part of a local railway line in combination with urban development investment in the TOD zone.

8. “railway project” means a national railway investment project, local railway project or TOD-modeled local railway project.

9. “level crossing” means an intersection between a railway and a road at the same level and the construction and use of which are permitted by a competent authority.

10. “railway station” means a place where railway vehicles stop, shunt, overtake, passengers embark and disembark from, cargoes are loaded and unloaded from railway vehicles, technical operations are followed and other services are provided.

11. “railway safety corridor” means the strip of land along both sides of a railway, which starts from the outer edge of the land within the safety perimeter of the railway.

12. “railway infrastructure” means railway works, railway work protection areas and railway safety corridors.

13. “station platform” means a railway work in a railway station in service of passengers embarking and disembarking from trains and cargo loading and unloading.

14. “track gauge” means the shortest distance between the two inner faces of the rails.

15. “block” means a railway section connecting two adjacent stations, which starts from the station-entry signaling position of one station to the nearest station-entry signaling position of the opposite station.

16. “section” means a collection of some blocks and successive railway stations suitable for train operations.

17. “railway business” comprises railway infrastructure business and rail transport business.

18. “illegal crossing” means a road-rail intersection which is built, used and operated by an organization or individual without the permission of a competent authority.

19. “protection area of a railway work” means the perimeter determined by the airspace above, surrounding land and water areas adjacent to the railway work.

20. “railway vehicle” includes locomotives, coaches and specialized vehicles running on rail tracks.

21. “TOD zone planning scheme” means a planning scheme developed exclusively in a manner that prioritizes public transportation for the zone including stations and their vicinity.

22. “train” may be formed by a combination of locomotives and coaches or a single locomotive or a specialized self-propelled vehicle running on rail tracks.

Article 4. Basic rules in railway activities

1. Ensure smooth, orderly, safe, accurate and efficient rail transport; meet the demands for the transport of cargoes and passengers; facilitate socio-economic development, ensure national defense and security, and environmental protection.

2. Develop rail transport according to planning schemes and plans in combination with other modes of transport and international integration to ensure civilization, modernity and synchronism.

3. Administer rail transport activities in a uniform and centralized manner.

4. Separate the state management function of state agencies from business activities of enterprises; the railway infrastructure business from state-invested rail transport business.

5. Ensure healthy and fair competition among domestic and foreign organizations and individuals of all economic sectors involved in railway business.

6. Carry out international cooperation in railway activities in a manner that suits Vietnam’s foreign policies and guidelines; adheres to the principles of peace, cooperation, friendship and mutual development on the basis of respect for the independence, sovereignty and territorial integrity, equality and mutual benefit, safeguards the national interests at the highest level, complies with Vietnamese laws and relevant treaties to which the Socialist Republic of Vietnam is a signatory.

Article 5. State’s incentives and assistance policies for railway development

1. Prioritize the allocation of budget for investment in development, upgradation, maintenance, and protection of national and local railway infrastructure, development of the railway industry, and training of human resources to make sure that rail transport plays a key role in the national transport system and serves the task of socio-economic development associated with assurance of national defense and security.

2. Mobilize local resources to participate in compensation, resettlement support, and investment in construction of several items of national railway infrastructure in the areas through which the railway passes.

3. Prioritize the provision of land for development of railway infrastructure and railway industry works during the planning for use of land.

4. Railway infrastructure business in service of rail transport activities; rail transport business; railway industry and training of railway human resources are business lines eligible for investment incentives.

5. Organizations engaged in railway infrastructure business are allowed to use a radio frequency band exclusively for railway traffic control and traction power supply system in service of train operation.

6. Any organization or individual engaged in railway business is entitled to incentives and assistance as follows:

a) Be given reduction in or exemption from land levies and land rents with regard to land reserved for railways in accordance with the land law;

b) Be entitled to State investment credit in accordance with the law on State investment credit or be provided with Government-guaranteed loans in accordance with the law on public debt management when investing in the development of national and local railway infrastructure; purchasing railway vehicles, machinery and equipment for railway infrastructure maintenance; developing the railway industry;

c) The State provides assistance for organizations involved in railway business activities in disadvantaged areas partially from state budget and partially from preferential credit capital; subsidizes urban rail public transport;

d) Prioritize the purchase and use of domestic goods and services or mandatorily purchase and use goods and services from domestic manufacturers or domestic service providers, except for railway construction investment projects and projects on purchase and building of locomotives and coaches.

7. Every enterprise participating in investing in and developing railway infrastructure and doing railway infrastructure business shall be eligible for incentives for enterprise income tax rate.

8. Encourage, assist, enable and protect rights and legitimate interests of domestic and foreign organizations and individuals that invest and do business in railway infrastructure and rail transport; connect railways with other modes of transport; develop railway industry, research and apply science and technology, transfer technologies, carry out digital transformation, train and develop human resources.

Article 6. Prohibited acts in railway activities

1. Sabotaging railway works and railway vehicles; disrupting or threatening the safety of rail transport.

2. Encroaching upon railway safety corridors and railway work protection areas; opening passages crossing a railway without permission of a competent authority.

3. Tampering with or covering railway signaling systems and railway signals.

4. Arbitrarily using signals or equipment to stop trains, unless a threat to rail transport safety is found.

5. Arbitrarily placing obstacles, flammable substances, explosive substances, and toxic substances within railway work protection areas and railway safety corridors.

6. Operating trains in excess of the speed limits.

7. Railway workers in the performance of their duties are under influence of alcohol or other banned stimulants.

Article 7. Railway classification and technical grading for railways

1. Vietnamese railway system includes:

a) National railways, which serve the common transport demands of the whole country and international transportation;

b) Local railways, which serve the transport demands of localities and economic regions. Urban railways, which are a type of local railway and serve the transport demands of passengers in urban areas and their vicinities;

c) Specialized railways, which serve exclusive transport demands of organizations and individuals.

2. Technical grading for railways shall be determined according to national standard; the formulation, appraisal and announcement of standards for technical grading for railways shall comply with regulations of law on standards, technical regulations and technical grading for railways. To be specific:

a) Any railway with a design speed of 200 km/h or more is high-speed railway;

b) Any railway with a design speed of less than 200 km/h is graded as I, II, III or IV;

Article 8. Gauges

1. A railway has a standard gauge of 1,435 mm or a narrow gauge of 1,000 mm.

2. National railways and local railways to be built must have a standard gauge, except for railways connected to narrow-gauge railways.

3. Regarding specialized railways:

a) Gauges of specialized railways connected to national railways shall be decided by the Minister of Construction;

b) Gauges of specialized railways not connected to national railways shall be decided by their project owners.

Article 9. General requirements for railway infrastructure

1. Railway infrastructure must be functional, operational, effective, and consistent with the transport network planning scheme.

2. The investment in construction, renovation and upgradation of railway infrastructure must ensure stability and sustainability, satisfy technical requirements and requirements for safety, environment, fire and explosion prevention and fighting and natural disaster management as prescribed by law and facilitate the performance of national defense and security tasks.

Article 10. Railway rules

1. Railway rules comprise train operation command, train assembly, train shunting, train operation, train dodging, train overtaking, train stoppage and train reversing.

2. Depending on requirements of each type of national railway, local railway or specialized railway, railway rules may include one or more elements specified in clause 1 of this Article.

3. The Minister of Construction shall elaborate this Article.

Article 11. Railway signaling system

1. A railway signaling system includes orders of the person involved in the control of train operation, train operation control system, on-board signals, ground signals, signs, protection flares and torches. Signals indicate orders and conditions for train operation, shunting or stoppage.

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

3. Railway workers and road users must observe railway signals.

4. The Minister of Construction shall elaborate this Article.

Article 12. Fixed signaling system on railways

1. The fixed-block signaling system consists of signboards, landmarks; signs; fences, barriers; boundary markers; other signals.

2. The fixed signaling system on railways must be constructed and fully installed in conformity with technical grades and types of railway, and ensure smooth operation all the time.

Article 13. Railway traction power supply system

1. The railway traction power supply system includes electrical substations, transmission lines, power distribution substations, power supply system for railway vehicles; control system; electrical protection and safety supervision system.

2. The railway traction power supply system must be controlled and monitored in a centralized manner; the State prioritizes power supply to the railway traction power to ensure stability and continuity of train operation.

Article 14. Railway connection

1. Railway connection is the connection of railway lines with each other in terms of infrastructure connection, railway traffic control; connection of railways with roads at railway stations or connection of railway lines with airports, seaports, inland ports and inland waterway ports.

2. The investment in railway construction must ensure synchronous and effective connection with other modes of transport.

3. Airports with a capacity of 30 million passengers/year or more, seaports of class I or higher and inland ports with a capacity of 50,000 TEU/year or more in provinces and cities through which national and local railways pass through must be planned for connection to railways to meet the demands for transportation, socio-economic development, national defense, security, and environmental protection.

4. When establishing or adjusting a planning scheme or investing in the construction of airports, seaports or inland ports as prescribed in clause 3 of this Article, land must be reserved for the construction of railway connection works. Every airport/seaport/port project owner shall preside over and cooperate in synchronous construction of railway connection projects according to the approved planning scheme implementation plan.

5. Connection of rails of railway lines:

a) Rails of domestic railway lines must be connected at railway stations;

b) Only national railways may be connected to foreign railways;

c) Specialized railway owners shall decide the rail connection between specialized railways and specialized railways in which they invest.

6. The Minister of Transport shall decide the rail connection between national railways and foreign railways; specify conditions and procedures for the rail connection between domestic railway lines, except for the case specified in point c clause 5 of this Article.

Article 15. Railway lines and railway stations

1. Railway line means one or multiple successive sections, beginning from the first railway station to the terminus. Railway lines must conform to the railway planning schemes specified in Article 19 of this Law, ensure technical safety and be effectively connected to other modes of transport. A competent person shall decide the naming, inauguration, ceasing of operation and removal of railway lines.

2. Railway station classification:

a) Railway stations are classified according to their functions into passenger stations, cargo stations, technical stations and mixed stations;

b) Railway stations are classified according to mode of connection into international transport stations, border stations, key stations, urban stations.

3. Technical grading for railway stations:

a) Railway stations are classified into different technical grades as terminals, squares, warehouses, yards, platforms, fences, service areas for passenger pick-up and drop- off, lounges, ticket counters, catering areas, public restrooms, necessary equipment and other works related to railway activities;

b) The Minister of Construction shall elaborate this clause.

4. Passenger stations in provinces and cities through which railways pass must be situated in downtown areas or locations convenient for access and connection to other modes of transport.

5. At border stations, international transport stations and stations along the national railway, there must be working offices for related state management agencies which have regular activities.

6. At border stations and international transport stations, there must be working offices and accommodations for railway workers from neighboring countries on duty; space shall be provided for placement of necessary technical equipment related to exit, entry, medical quarantine, export and import of cargoes.

7. At railway stations, there must be passenger pick-up and drop-off points for buses and automobiles; at stations, it is permitted to build commercial service facilities, offices, and public telecommunications service points.

8. The Government shall stipulate the naming, inauguration, ceasing of operation and removal of railway lines and railway stations.

Article 16. Railroad junctions and railroad crossings

1. A junction between two or more railway lines must be grade-separated (“flying junctions”), except for the junctions between specialized railways.

2. A railroad crossing has to be grade-separated in the cases prescribed by the Minister of Construction.

3. The project owner building a new railway line shall build grade-separated flying junctions and grade-separated junctions according to clause 1 and clause 2 of this Article The project owner building a new road shall build grade-separated junctions according to clause 2 of this Article.

4. When renovating or upgrading existing level crossings on national railways in the cases specified in clause 2 of this Article, grade-separated flying junctions and grade-separated junctions must be built. In case resources are not sufficient enough to clear the land and invest in building grade-separated flying junctions and grade-separated junctions, at-grade intersections are permitted.

5. The construction, renovation or upgradation of a level crossing must be carried out under an unexpired permit issued by a competent authority as prescribed in clause 8 of this Article.

6. Railway infrastructure enterprises shall take measures for assurance of train operation safety at the flying junctions that exist before the effective date of this Law but are not conformable with clause 2 of this Article.

7. The Minister of Construction shall prescribe:

a) Level crossings, traffic at level crossings; issuance and renewal of permits for construction, renovation, upgradation or removal of level crossings;

b) Road-rail bridges; traffic at road-rail bridges and in tunnels;

c) Connection of road traffic light signals with road light signals at level crossings, provision of warning information at road-rail intersections.

8. Authority to issue or renew the permit for construction, renovation, upgradation or removal of a level crossings:

a) The Minister of Construction has authority over level crossings which they manage on national railways;

b) Chairpersons of provincial People’s Committees have authority over level crossings which they manage, level crossings invested in and managed by enterprises on national railways, local railways and level crossings on specialized railways.

9. The Government prescribe the roadmap and responsibility for dealing with railroad junctions and railroad crossings that are not conformable with the regulations of this Article.

Article 17. Railways running parallel to roads

1. In case a railway runs parallel to a road, it is required to make sure that the protection area of the ​​railway lies outside the land for road protection and maintenance.

2. If regulations of clause 1 cannot be complied with, a separating protection work must be built on the road’s edge close to the railway.

3. In case a railway runs parallel above a road, the vertical distance from the highest point of the surface of the road to the lowest point of the above railway work must not be shorter than the minimum vertical clearance of the road.

4. In case a road runs parallel above a railway, the distance from the top of the rail of the railway to the lowest point of the road structure must not be shorter than the railway clearance.

Article 18. State management of railway activities

1. Contents of state management of railway activities:

a) Formulating, promulgating and organizing the implementation of legislative documents, technical standards and regulations, techno-economic norms for the railway sector;

b) Formulating and organizing the implementation of railway network planning scheme, railway line planning scheme, railway station planning scheme and other relevant planning schemes; formulating and organizing the implementation of railway development plans and policies

c) Providing guidance on, examining and assessing the management of quality of construction works, management and maintenance of railway infrastructure;

d) Providing guidance on and examining rail transport activities and control of rail transport and railway vehicles;

dd) Examining the assurance of security and safety of railway activities;

e) International cooperation in railway activities;

g) Managing prices, fees and charges in railway activities;

h) Carrying out inspection and examination, handling complaints and denunciations and imposing penalties for violations that arise from railway activities.

2. Responsibilities of state management agencies for railway activities:

a) The Government shall perform uniform state management of railway activities;

b) The Ministry of Construction shall act as a conduit to assist the Government in state management of railway activities;

c) Ministries and ministerial agencies shall, within the bounds of their tasks and powers, preside over and cooperate in state management of railway activities;

d) Provincial People’s Committees shall, within the bounds of their tasks and powers, organize state management of railway activities within their provinces.

Chapter II

INVESTMENT IN RAILWAY CONSTRUCTION

Section 1. GENERAL PROVISIONS ON INVESTMENT IN RAILWAY CONSTRUCTION

Article 19. Railway planning schemes

1. Railway network planning scheme:

a) Railway network planning mean a national sector planning and serves as a basis for orientating investment, development and operation of railway network;

b) The Minister of Transport shall organize the formulation, appraisal and approval of the railway network planning scheme.

2. Railway line and railway station planning scheme:

a) Railway line and railway station planning scheme means a technically specialized planning scheme which concretizes the national master planning scheme and railway network planning scheme and is tailored for national railway lines, national railway stations in urban areas, major national railway stations, international transport stations and border stations in conformity with national planning schemes, regional planning schemes and provincial planning schemes;

b) The Minister of Transport shall organize the formulation, appraisal and approval of the railway line and railway station planning scheme;

c) The railway line and railway station planning scheme shall be made publicly available as prescribed by the law on planning and railway law;

d) The Government shall elaborate upon the formulation, appraisal, approval, announcement, implementation, assessment and adjustment of the railway line and railway station planning scheme.

3. A local railway or specialized railway development plan constitutes part of a regional planning scheme, provincial planning scheme or urban and rural planning scheme.

Article 20. Investment in construction of railway works

1. The Ministry of Construction and enterprises shall invest in construction of national railways.

2. Provincial People’s Committees and enterprises shall invest in construction of local railways.

3. Organizations and enterprises shall invest in construction of specialized railways.

4. The agencies, organizations and enterprises specified in clauses 1, 2 and 3 of this Article are permitted to invest in construction of, renovate and upgrade technical infrastructure works connected to railway works after reaching agreement with organizations and individuals managing technical infrastructure works.

5. Regarding the investment in construction of works shared by national railways and local railways, and works by railways and roads, the works managing agencies shall unanimously propose the investment policy to a competent authority for its decision so as to assign one agency as the project owner.

Article 21. Investment in construction of technical infrastructure works shared with railways

1. Technical infrastructure works shared with railways are works built to arrange and install information cables, telecommunications works, power transmission lines, electric wires, public lighting; water supply, drainage and energy supply pipes.

2. The construction of technical infrastructure works shared with railways must:

a) Conform to planning schemes, scale of the project and technical grades of railways;

b) Satisfy standards and technical regulations on construction; regulations of law on fire prevention and fighting and rescue; ensure construction safety; protect the landscape and environment;

c) Comply with this law, law on construction and other relevant laws.

3. Upon construction of technical infrastructure works shared with railways, organizations and individuals must obtain a permit from the competent authority as prescribed in clause 5 Article 44 of this Law.

4. Organizations assigned to manage and use of railway infrastructure assets shall operate and lease out shared technical infrastructure as prescribed by law.

Section 2. INVESTMENT IN CONSTRUCTION OF RAILWAY PROJECTS OF NATIONAL SIGNIFICANCE AND RAILWAY PROJECTS WHOSE INVESTMENT POLICIES ARE DECIDED BY THE NATIONAL ASSEMBLY

Article 22. Adjustment of planning schemes

If the preparation, appraisal, approval, and adjustment of a railway project or resettlement project serving land clearance for a railway project are carried out in accordance with the railway network planning scheme and provincial planning scheme but there is a change to another relevant planning scheme, the project shall be approved without having to following planning scheme adjustment procedures; relevant planning schemes must be promptly updated accordingly and announced as per regulations.

Article 23. Division of railway projects

1. The authority that has the power to invest in a railway project may decide to divide the project into constituent projects, independent constituent projects and sub-projects, including compensation, support, and resettlement projects during the establishment of the construction investment project. A constituent project is managed as an independent project.

2. Upon division of a project into constituent projects, it is not required to satisfy the requirements for independent operation as specified by the law on construction.

Article 24. Investment in railway projects from non-state sources of capital

1. Regarding a railway project invested in as per the law on investment and law on investment in the form of public – private partnership investment, the state budget shall cover all the costs of compensation, assistance and resettlement with regard to land reserved for railways; compensation, assistance and resettlement shall be an independent public investment project .

2. For a railway project executed in the form of public – private partnership, the state capital in the project shall not be accounted for when calculating the budget for compensation, assistance and resettlement.

3. For the railway project executed in accordance with the law on investment:

a) If there is one investor proposing the project, the competent authority shall approve both investment policy and investor as prescribed by the law on investment;

b) The investor is not permitted to transfer the project, project enterprise, capital and assets formed during and after investment to any foreign organization/individual or foreign-invested organizations;

c) The investor shall transfer all assets formed from the project without reimbursement to the State after the project termination;

d) The Ministry of Construction shall assign its affiliated specialized agencies to perform the functions of specialized construction authorities according to the Law on Construction with regard to national railways; each provincial People’s Committee assigns its affiliated specialized agencies to perform the functions of specialized construction authorities according to the Law on Construction with regard to local railways;

dd) The Minister of Construction shall approve the list of standards applicable to the project before the investment decision maker approves the project regarding national railways; the Chairperson of the provincial People’s Committee shall approve the list of standards applicable to the project before the investment decision maker approves the project regarding local railways;

e) The provincial People’s Committee is entitled to decide appoint the investor in a national railway project selected by the competent authority in accordance with law to invest in a TOD-modeled urban development project within the scope of the project.

4. Regarding the project executed under the law on public – private partnership investment, after the investment project is approved:

a) The person that has the power to approve the project may choose to apply limited bidding or direct contracting or other appropriate form as prescribed by law to select an investor;

b) The appointed investor must have sufficient competence and demonstrate their competence in arranging available equity and raising borrowed capital and other legal sources of capital; demonstrate their sufficient experience or enter into a cooperation agreement with a partner having experience in implementing similar projects;

c) Before deciding to apply the form of investor selection, the competent authority must obtain written consent from the Ministry of National Defense and the Ministry of Public Security to the requirements for ensuring national defense and national security, and protecting state secrets.

Article 25. TOD-modeled urban development of railways

1. Each provincial People’s Committee shall organize the establishment, appraisal and approval of the TOD zone planning scheme for national railways and local railways, alignment, locations and general plans of lines of local railways and have the authority to:

a) Decide to adjust techno-economic indicators, land use functions, norms for use of land planned for construction in TOD zone in a manner that differs from the technical regulation on construction planning scheme but ensures that the capacity of the technical and social infrastructure works in TOD zone and its vicinity is not exceeded;

b) Decide the range of TOD zone and the contents and procedures for implementation in a manner that differs from the approved urban and rural planning scheme, land use planning scheme and land use plan without having to follow procedures for adjusting the land use plan and related planning schemes. After approving the TOD zone planning scheme, land use plan and other related planning schemes must be promptly updated and announced;

c) In case the general planning scheme of a central-affiliated city has not been approved by a competent authority, the People’s Committee of the city shall rely on the approved provincial planning scheme to organize the formulation, appraisal and approval of the alignment, locations and general plans of lines, and TOD zone planning scheme.

2. The provincial People’s Council is entitled to use the state budget to implement an independent public investment project to initiate the compensation, support and resettlement according to the TOD zone planning scheme to create a land bank for auction as per the law.

3. Proceeds from operation of the land bank in the TOD zone:

a) For national railway, after deducting related costs of compensation, assistance and resettlement for the TOD zone and other relevant costs as prescribed by law, the provincial-level government is transfer 50% of the proceeds to the local government budget and transfer the remainder to the central government budget;

b) For local railway, the provincial-level government is allowed to transfer 100% of the proceeds to the local government budget.

4. The provincial People’s Council shall elaborate clause 1 of this Article.

Article 26. Procedures for investment in local railway projects, TOD-modeled local railway projects

When following procedures for investment in a local railway project or TOD-modeled local railway project, the provincial People’s Committee has the authority to:

1. Organize the establishment, appraisal, decide investment in and adjustment of the project following the same procedures as those applicable to group A projects managed by the local government as per relevant laws;

2. Decide to extend project implementation period provided that the total investment does not increase and the project adjustment procedures are not required to be followed;

3. Decide to select standards applicable to local railway lines after obtaining written consent from the Ministry of Construction.

Article 27. Front-End Engineering Design

1. A Front-End Engineering Design, abbreviated as “FEED” shall be tailored for a railway project as a substitute for the fundamental design in the feasibility study report; the selection of a contractor in the form of EPC, EC or EP contract shall be made on the basis of the approved investment project; the project owner reserves the right to decide the approval of the design steps following FEED.

2. Project owners, organizations and agencies tasked with preparing feasibility study reports are permitted to consult domestic and foreign contractors and organizations about technology, reference prices and potential risks; the consultation must be done in a transparent way and must not give any supplier unfair advantages.

3. The Minister of Construction shall elaborate this Article.

Article 28. Architectural plan test

Investment decision makers are entitled to decide whether or not to organize architectural plan tests with regard to railway stations, intersections, bridges and relevant work items under railway projects but are required to satisfy the historical, cultural and aesthetic requirements applicable to such works.

Article 29. Activities to be conducted prior to decision on investment in railway projects

1. Activities to be conducted prior to decision on investment in a railway project comprise:

a) Training of human resources of state agencies, project owner, project management unit, operating unit, training institution, and research institution;

b) Consulting services;

c) Planning related to alignment, locations and general plans of local railways and TOD zone planning scheme;

d) Compensation, assistance, resettlement;

dd) Communications and other tasks in preparation for investment in the project.

2. For a national railway construction investment project in the form of public investment, after the competent authority decides the investment policy, the project shall be listed in the medium-term public investment plan and allocated capital in the annual public investment plan to pay for the activities specified in points a, b, d and dd clause 1 of this Article.

3. For a local railway project or TOD-modeled local railway project in the form of public investment, the provincial People’s Committee is entitled to allocate capital from the local government budget in the medium-term public investment plan and annual public investment plan to pay for the activities specified in clause 1 of this Article.

Article 30. Simultaneous performance of several tasks in preparation for railway projects

1. The project owner or head of the unit tasked with preparing a railway project is entitled to simultaneously make, appraise and approve the feasibility study report, construction design following fundamental design or FEED, bidding documents and request for proposals.

2. The Chairperson of the provincial People’s Committee is entitled to decide to simultaneously make, appraise and approve the feasibility study report and construction design following fundamental design of the project on compensation, assistance, resettlement and relocation of technical infrastructure in service of a railway project.

Article 31. Contractor selection

1. The person accorded the authority to decide investment in a railway project is entitled to apply limited bidding or direct contracting in accordance with the law on bidding when selecting an investor, contractors providing goods, consulting services, non-consulting services, construction contractor, contractor performing EPC, EC, EP or turnkey contract; procedures for implementation shall comply the law on bidding, other relevant laws and treaties to which the Socialist Republic of Vietnam is a signatory.

2. Each project owner is permitted to decide to employ foreign contractors to conduct consulting and activities performed in advance for their railway project.

3. The project owner is not required to apply regulations on  ensuring competitiveness in bidding to the consultant that prepares the feasibility study report, FEED and technical design in cases of direct contracting for performance of construction, EPC, EC, EP or turnkey package but is required to comply with other provisions of the law on bidding.

Article 32. Calculation of total investment; estimation of construction costs, contract package value, operation and maintenance costs 

1. For existing work items that are not suitable or are not included in the system of construction norms, prices, investment rates, cost levels, and cost data issued by competent authorities, the railway project is permitted to use the system of construction norms, prices, investment rates and costs of similar work items or of a similar domestic or foreign railway project declared by domestic and foreign organizations may be used for the railway project and such values shall be converted to the time of calculation.

2. If the costs cannot be determined as prescribed in clause 1 of this Article, they are permitted to be determined at investment rate of a similar project in the world and converted to the calculation time.

3. In case the system of norms and unit prices for operation and maintenance issued by competent authorities does not exist or is not suitable for works, the system of norms and unit prices for operation and maintenance declared by domestic or foreign organizations or of a similar domestic or foreign railway project may be used for the railway project and such values shall be converted to the time of calculation.

4. The costs of trial operation, training, and receipt of transferred technologies shall be included in the total investment in railway construction.

5. In case a railway project has cost items that are not yet regulated in Vietnamese law or are not suitable, upon calculation of total investment; estimation of construction costs, contract package value, operation and maintenance costs, the cost items of railway projects of a similar nature and implementation conditions in the world may apply.

Article 33. Construction contracts

The project owner is entitled to decide and is responsible for choosing to apply certain provisions of the model conditions of contract published by the International Federation of Consulting Engineers (Fédération Internationale Des Ingénieurs – Conseils, abbreviated as FIDIC) when preparing bidding documents, request for proposals, establishing and performing a construction contract. To be specific:

1. Be entitled to apply the supervision consultant’s authority to issue instructions according to principles of the FIDIC contract;

2. Be entitled to complaint and dispute resolution mechanisms according to principles of the FIDIC contract;

3. Be entitled to assign the chief supervisor to decide certain matters within the jurisdiction of the project owner in accordance with the particular conditions of the contract in order to accelerate the implementation progress, ensure quality and efficiency in the use of capital for specific items or tasks requiring advanced or new technical specifications.

Article 34. Compensation, assistance and resettlement upon land appropriation by the State

1. For a railway project whose investment policy has been decided by a competent authority, the People’s Committee of the province through which the project passes is permitted to establish, appraise and decide investment in constituent projects, independent constituent projects on compensation, assistance and resettlement on the basis of preliminary design dossier in the pre-feasibility study report, the compensation, assistance and resettlement projects are not subject to decision on their investment policies; temporary residence shall be provided for persons whose land is appropriated to stabilize their lives.

2. The competent authority is permitted to decide direct contracting for consulting, non-consulting, and construction packages for compensation, assistance and resettlement. Procedures for direct contracting shall comply with the law on bidding.

3. For a local railway project or TOD-modeled local railway project:

a) The provincial People’s Committee shall decide to divide the details of compensation, assistance and resettlement into constituent projects or independent constituent projects based on the alignment, location and general plans of the local railway line or TOD zone planning scheme approved by a competent authority;

b) The compensation, assistance and resettlement projects are not subject to decision on their investment policies. The establishment and appraisal of and decision on investment in compensation, assistance and resettlement projects shall comply with regulations of law on public investment.

Article 35. Ensuring anti-corruption, waste and misconduct prevention and combat

1. Regarding the selection of investors and contractors performing EPC, EC and EP contract packages and consulting service packages involving foreign contractors, the Ministry of National Defense, the Ministry of Public Security, the Ministry of Construction, the Ministry of Finance, the Ministry of Science and Technology, the Government Inspectorate and the State Audit Office of Vietnam shall assign representatives to participate in the appraisal team responsible for appraisal of bidding documents, requests for proposals and contractor selection results; appraisal team members that are representatives of the abovementioned agencies are not required to meet relevant eligibility, capacity and experience requirements laid down in the bidding law..

2. The State Audit Office of Vietnam shall audit the finalized total investment estimate based on the appraisal report from the investment decision-making authority as a basis for approving the estimate and the audit results shall be sent to the investment decision-making authority within 30 days from the date of receipt of the complete audit application.

Section 3. INVESTMENT IN RAILWAY INDUSTRY DEVELOPMENT

Article 36. Railway industry

1. Railway industry covers:

a) Manufacture, assembly, repair and modification of railway vehicles;

b) Manufacture and fabrication of components and equipment of railway information and signaling systems and railway traction power supply systems;

c) Fabrication of machinery; manufacture of rails, switches, fastening accessories, spare parts, supplies and specialized equipment with special technical requirements for railways.

2. Railway industry products and goods consist of railway vehicles, information and signaling systems, railway traction power supply systems, rails, switches, fastening accessories and spare parts, supplies and equipment with special technical requirements on the List of high technologies given priority for investment and development according to the Prime Minister’s decision.

Article 37. Requirements for development of railway industry

1. The railway network planning scheme, technically specialized railway planning scheme and Vietnam Industrial Development Strategy from time to time must be conformed to.

2. The railway industry development must be in tandem with railway infrastructure, rail transport services, and environmental protection in accordance with law.

3. In case of international bidding for a package of a railway project, the general contractor and contractor must undertake to transfer technology to and train human resources for the Vietnamese partner to master the management, operation and maintenance.

4. The investment in and import of technological lines for production and assembly of railway machinery, equipment and vehicles must be done in a synchronous and state-of-the-art manner; technology transfer must be made in part or in full in accordance with law on technology transfer.

Article 38. Investment in railway industry development

1. The State supports investment in construction and maintenance of railway infrastructure connecting national and local railways to facilities manufacturing, assembling, repairing and modifying railway vehicles.

2. The Prime Minister shall decide to promulgate a list of railway industry services and goods provided by Vietnamese organizations and enterprises under task assignment or order placement.

3. The Government stipulates the task assignment, order placement and criteria for selecting Vietnamese organizations and enterprises eligible to provide industry goods and services under task assignment or order placement; technology research, application and transfer.

4. Investors and contractors must give priority to using railway industry goods and services as prescribed in clause 2 of this Article; give priority to using products, goods and services that can be produced and supplied domestically.

5. For investment in construction of a railway industry complex project:

a) Railway industry complex means an association of railway-related industrial establishment aimed at researching, developing, designing, testing, manufacturing, assembling, maintaining, operating and supplying specialized industrial products serving railway activities;

b) The regulations set out under Article 22, clause 1 Article 31 and Article 32 of this Law shall apply to the railway industry complex construction project.

Article 39. Science and technology research and application, technology transfer and human resource training for railway industry development

1. Science and technology research and application, and technology transfer must be carried out in a manner that is state-of-the-art, promotes the application of digital technology and artificial intelligence and conforms to the railway network planning scheme, railway law, law on science, technology and innovation, law on technology transfer, and other relevant laws.

2. Any enterprise participating in science and technology investment, research and application, technology transfer and railway industry development is permitted to deduct up to 20% of its assessable income to establish its Science and Technology Development Fund. The use of this Fund shall be subject to regulations of law on science, technology and innovation, law on corporate income tax and other relevant laws.

3. Any organization or individual participating in scientific and technological activities in service of the development of the railway industry is entitled to the following policies:

a) The organization or individual presiding over scientific and technological activities serving the project is permitted to decide limited bidding, direct contracting, order placement and task assignment to select service and goods suppliers;

b) They are exempted from corporate income tax or personal income tax on incomes from performance of scientific and technological tasks serving the project;

c) The enterprise is given the same incentives as those given to hi-tech enterprises in accordance with law on high technology during its performance of scientific and technological tasks;

d) They receive financial support from the state budget to purchase and operate machinery and equipment for their task performance according to the provisions of law on science and technology.

4. Any organization or individual participating in training and developing human resources for the railway industry is entitled to policies according to the provisions of the law on high technology.

Chapter III

MANAGEMENT AND OPERATION OF RAILWAYS

Section 1. RAILWAY INFRASTRUCTURE

Article 40. Railway infrastructure assets

1. Railway infrastructure assets include national, local and specialized railway infrastructure assets.

2. Responsibility for management of state-invested railway infrastructure assets:

a) The Ministry of Construction shall exercise functions of the representative of the owner and perform uniform management of national railway infrastructure assets in accordance with the law on management and use of public property;

b) The provincial People’s Committee shall exercise functions of the representative of the owner and perform uniform management of local railway infrastructure assets in accordance with the law on management and use of public property;

3. Responsibility for management of railway infrastructure assets in which an enterprise invests: the enterprise shall itself manage, use, operate, maintain and protect railway infrastructure assets as prescribed by law.

4. Organizations assigned to manage, leasing out or transferring for a limited period of time state-invested railway infrastructure assets shall manage, use, operate, maintain and protect railway infrastructure assets as prescribed by law.

Article 41. Management and maintenance of railway infrastructure

1. Railway infrastructure put into operation must be managed and maintained.

2. Responsibility for organizing management and maintenance of railway infrastructure:

a) The authorities performing the function of the asset owner’s representative prescribed in clause 2 Article 40 of this Law shall organize the management and maintenance of national and local railway infrastructure in which the State invests;

b) Organizations assigned to manage, leasing out or transferring for a limited period of time the right to operate state-invested railway infrastructure assets shall organize the management and maintenance of railway infrastructure as prescribed by law;

c) Enterprises shall manage and maintain railway infrastructure in which they invest as prescribed by law.

3. Authority to stipulate the management and maintenance of railway infrastructure:

a) The Minister of Construction shall stipulate the management and maintenance of national railway infrastructure;

b) Each provincial People’s Committee shall stipulate the management and maintenance of local railway infrastructure in areas under its management.

Article 42. Management and maintenance of works shared by railways and roads and technical infrastructure connected to and shared with railway works

1. For works shared by national railways and local railways, and works shared by railways and roads, work items must be separated for transfer to the organization in charge of management, operation and maintenance. The separation must be done in a way that ensures safe and effective operation of the works.

2. Asset management organizations shall agree upon the scope of and responsibilities for management, maintenance, and operation of technical infrastructure works connected to railway works.

3. Organizations and individuals managing and maintaining technical infrastructure works shared with railways in which they invest as prescribed by law.

4. The Minister of Construction shall elaborate this Article.

Article 43. Funding for management, maintenance and protection of railway infrastructure assets

1. Funding for management, maintenance and protection of railway infrastructure assets, technical infrastructure works connected to railway works, preparation of land management records, planting and restoration of boundary markers for land reserved for state-invested railways shall be covered by the state budget and other legal sources of capital.

2. The authority performing the function of the asset owner’s representative prescribed in point a clause 2 Article 40 of this Law shall organize the management of funding reserved for the management, maintenance and protection of state-invested national railway infrastructure assets, technical infrastructure works connected to national railway works and items of state-invested national railway works shared with roads under its management.

3. Every provincial People’s Committee shall allocate and manage and use funding reserved for the management, maintenance and protection of provincial People’s Committee-invested local railway infrastructure assets or railway infrastructure assets assigned to it for management, technical infrastructure works connected to provincial People’s Committee-invested local railway works and items of provincial People’s Committee-invested local railway works shared with roads.

4. Every enterprise shall set up a budget for management, maintenance and protection of national railway infrastructure assets in which it invests, technical infrastructure works connected to railway works in which it invests and items of works shared by railways and roads when assigned to it for management.

Article 44. Protection of railway infrastructure

1. The protection of railway infrastructure covers activities aimed at assurance of railway infrastructure safety; prevention and suppression of, and imposition of penalties for acts of encroaching upon or sabotaging railway works; encroaching upon railway work protection areas and railway safety corridors.

2. In the case of a railway with a design speed of over 120 km/h or urban railway, it is required to build protective fences to prevent any illegal intrusion, except separate overhead and underground railways.

3. Construction of works within railway work protection areas and railway safety corridors:

a) Works permitted to be constructed within railway work protection areas and railway safety corridors include essential works in service of national defense and security, disaster management and socio-economic development that cannot be located outside the land area reserved for railways; works used for propaganda purposes at the request of state agencies.

When requested by a competent authority, the project owner shall dismantle and relocate their work located within the railway work protection area and railway safety corridor at their own costs without receiving compensation for the constructed work;

b) It is permitted to build collector roads within railway work protection areas and railway safety corridors of existing national railways, and specialized railways in cases where it is impossible to build them outside the land area reserved for railways. At the same time, it is needed to build a fence separating railways from collector roads;

c) The construction of works within railway work protection areas and railway safety corridors must not affect safety of railway works and rail transport safety.

4. Construction of works, exploitation of resources and other activities in the vicinity of land area reserved for railways:

a) The construction of works, exploitation of resources and conduct of other activities in the vicinity of land area reserved for railways must not affect safety of railway works and rail transport safety;

b) Where the construction of works, exploitation of resources and conduct of other activities in the vicinity of land area reserved for railways potentially affect safety of railway works or rail transport safety, the project owners and organization and individual exploiting resources and conducting other activities must take measures to ensure safety of railway works and rail transport safety;

c) Project owners and organization and individual exploiting resources and conducting other activities shall provide compensation for the damage caused at their faults to railway works and rail transport safety in accordance with regulations of law.

5. If it is needed to use land reserved for railways to construct essential works in service of national defense and security, disaster management and socio-economic development and technical infrastructure works shared with railways, measures should be in place to ensure safety of railway works and rail transport safety and the permit for construction of essential works within land area reserved for railways must be obtained as per regulations imposed by the Minister of Construction.

6. The Government shall elaborate clauses 1, 2, 3 and 4 of this Article.

Article 45. Management of and recovery from disasters and incidents affecting railway infrastructure

1. Railway work construction investment projects must be designed and constructed sustainably in a manner that adapts to climate change, complies with standards and technical regulations, and satisfies requirements for disaster management as prescribed by law.

2. Responsibility for management of and recovery from disasters and incidents affecting railway lines in operation:

a) The Ministry of Construction, provincial People’s Committees and asset owners shall organize the management of and recovery from disasters and incidents affecting railways under their management as per this Law, law on disaster management, and other relevant laws;

b) Organizations assigned to manage, leasing or transferring for a limited period of time the right to operate state-invested railway infrastructure assets are responsible for the management of and recovery from disasters and incidents in accordance with law; prompt repair and remediation of damage to railway works in cases where the safety of people and vehicle traveling on railway sections and lines is not ensured; inspection of key works and locations where safety of railway works and adjacent works may be threatened;

c) Organizations and individuals shall participate in the management of and recovery from disasters and incidents affecting railway infrastructure as assigned and decentralized, in close cooperation among forces and in conformity with the levels of disaster risks in accordance with the law on disaster management.

3. The Minister of Construction shall elaborate this Article.

Article 46. Railway infrastructure business

1. Railway infrastructure business is a conditional business line.

2. Price for rail transport control services is a payment for use of rail transport control services in order for trains to run through stations, on railway lines or sections.

3. A surcharge on top of the price for rail transport control services is an extra amount of money payable to a rail transport control service provider.

4. Rail transport enterprises shall pay fees for use of railway infrastructure to the State when using state-invested national railway infrastructure assets for rail transport business according to the provisions of law on fees and charges.

5. Organizations and individuals assigned to manage, leasing out or transferring for a limited period of time the right to operate assets shall pay an amount equal to the price for use of railway infrastructure to the State when using state-invested national railway infrastructure assets in accordance with the law on prices.

6. The authority to fix prices is provided for as follows:

a) The Ministry of Construction shall set a maximum price for rail transport control services on state-invested national railway infrastructure in accordance with the law on prices;

b) Provincial People’s Committees shall set a maximum price for rail transport control services on local railway infrastructure in which they invest or which they are assigned to manage in accordance with the law on prices;

c) Organizations and individuals shall decide a price for rail transport control services on railway infrastructure in which they invest.

7. The Minister of Construction shall stipulate prices and surcharges on top of prices for rail transport control services.

8. The Government shall stipulate conditions for railway infrastructure business; rights and obligations of railway infrastructure enterprises.

Section 2. RAIL TRANSPORT

Article 47. Railway vehicles

1. Upon moving on rails, railway vehicles must satisfy standards and technical regulations, remain within their service life and be registered.

2. Railway vehicle owners and rail transport enterprises shall ensure the safety of vehicles during their operation and use.

3. The authority to issue certificates of railway vehicle registration:

a) The Minister of Construction shall issue certificates of registration of railway vehicles on national railways;

b) Chairpersons of provincial People’s Committees shall issue certificates of registration of railway vehicles on local and specialized railways.

4. The Minister of Construction shall elaborate this Article.

Article 48. Railway workers

1. Railway worker may be a railway vehicle driver or a person who directly participates in train operation.

2. A railway vehicle driver must possess a train driving license as per regulations laid down by the Minister of Construction and be fit for work as stipulated by the Minister of Health.

3. The Minister of Construction shall issue licenses for driving trains on national railways.

4. Chairpersons of provincial People’s Committees shall licenses for driving trains on local and specialized railways.

5. The Minister of Construction shall elaborate clause 1 of this Article.

Article 49. Rail transport business

1. Rail transport business is a conditional business line, including business in transport of passengers, luggage and cargo on railways.

2. The price for transport of domestic passengers on national railways shall be decided by rail transport enterprises on the basis of the maximum price set by the State. The specific price for transport of passengers on local railways shall be set by provincial People’s Committees.

3. A surcharge on top of the price for transport of domestic passengers, luggage and cargo on national railways is an extra amount of money payable to a rail transport enterprise; the rail transport enterprise shall decide and take responsibility for the surcharge on top of the price.

4. Passenger transport enterprises must purchase insurance for passengers.

5. The Minister of Construction shall stipulate the transport of passengers, luggage and cargo on national railways and specialized railways connected to national railways.

6. Each provincial People’s Committee shall stipulate the rail transport on local railways in which it invests or which is assigned to it for management.

7. The Government shall stipulate 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.

Article 50. Transport in service of special or social security missions and transport of dangerous cargo

1. Transport in service of special missions means the transport of people, cargo and equipment for prevention of and recovery from disasters, accidents, diseases or performance of a national defense or security mission.

2. Transport in service of social security missions means the transport of passengers on lines and sections in service of residential community of an area which the State needs to maintain in its common interests and such transport is not likely to make up for expenses.

3. Transport of dangerous cargo means the transport of cargo containing dangerous substances or items which, when transported by rail, can cause loss of human life or harm to human health, the environment, safety and national security.

4. Rail transport enterprises and railway infrastructure enterprises shall be responsible for transport in service of special and social security missions at the request of competent state agencies and receive support according to regulations.

5. The State provides assistance to railway enterprises in case of transport in service of special and social security missions in such a manner as to make sure enterprises’ reasonable expenses are fully covered.

6. The Minister of Construction shall elaborate this Article.

Section 3. ASSURANCE OF RAIL TRANSPORT ORDER AND SAFETY

Article 51. Activities of ensuring rail transport order and safety

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

a) Ensuring safety of people, vehicles, property of organizations and individuals when engaging in rail transport;

b) Ensuring the centralized and uniform control of transport activities on railways;

c) Preventing, stopping and fighting acts of sabotaging railway works and acts of encroaching upon railway safety corridors and railway work protection areas;

d) Measures for prevention of railway accidents.

2. Violations of regulations on rail transport order and safety must be promptly detected and sanctioned in accordance with law.

3. Entities responsible for assurance of rail transport order and safety include:

a) Organizations and individuals engaging in rail transport activities;

b) Public security forces, local governments at all levels in areas through which railways pass;

c) Ministries, ministerial agencies, agencies and organizations concerned.

Article 52. Railway safety management

1. A timetable serves as a basis for train operation, is established on an annual basis to meet passenger travel and cargo transport demand and is adjusted when necessary for each railway line or the entire railway network. The application of a timetable must adhere to the following principles:

a) In a centralized and uniform manner, compliance with the published timetable;

b) Safety and continuity as per the timetable;

c) Equality among rail transport enterprises.

2. The establishment, distribution and publishing of timetables must be subject to the inspection and supervision by specialized railway authorities.

3. Rail transport control means a process for managing, coordinating and supervising activities related to the transport of passengers and cargo to ensure safe, efficient, smooth and equitable rail transport among rail transport enterprises.

4. Maximum load order means the regulation on the permissible maximum load per axle and the permissible maximum even-spread load according to the length of a railway vehicle.

5. Maximum speed order means the regulation on the maximum speed of a railway vehicle running on rails.

6. Railway system safety management:

a) Newly built or upgraded high-speed railways, grade I railways, and urban railways must undergo system safety assessment and certification before being put into operation. The project owner must select a consultancy that is independent from the project consultancy, construction contractor, and equipment suppliers of the project to carry out the system safety assessment and certification.

b) High-speed railways are protected as important works related to national security and a strict safety management system operation and maintenance process established by the authority in charge of management and operation must be available and submitted to the Ministry of Construction for decision;

c) Organizations and enterprises managing and operating railways must establish, publicly announce and maintain the operational safety management system.

7. The Minister of Construction shall elaborate this Article.

Article 53. Responsibilities of organizations and individuals upon the occurrence of railway accidents

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

a) The railway worker on the train must stop the train in an emergency and rescue victims, protect property of the State and victims, and at the same time immediately inform the nearest rail transport control organization or railway station;

b) The rail transport control organization or railway station must, when informed, immediately inform the nearest police authority and People’s Committee for handling of the railway accident;

c) The nearest police authority and People’s Committee shall, when informed of the railway accident, be immediately present at the scene.

2. If no damage is caused to the train or railway work upon the occurrence of the railway accident, the train driver is permitted to resume train operation after making an accident report and appointing another railway worker to work with the competent authority on his/her behalf.

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

4. People’s Committees at all levels at the place where a railway accident occurs shall cooperate with police authorities and railway enterprises in assisting victims and protecting property of organizations and individuals. If there is a dead person who is unidentifiable, has no relatives or whose relatives are incapable of giving a burial, the People’s Committee of the commune where the accident occurs shall organize the burial.

5. All organizations and individuals must not obstruct the restoration of railways and rail transport activities after the occurrence of a railway accident.

6. The Minister of Construction shall elaborate this Article.

Article 54. Actions taken upon detection of railway incidents and violations

1. The person who detects any act or incident that may obstruct or threaten rail transport safety shall promptly report it to the nearest railway station, railway unit, local government or police authority for handling; in case of emergency, stop signals must be immediately sent to the train.

2. Upon receipt of information or stop signals, it is required to immediately to implement measures to ensure rail transport safety and inform the unit directly managing railway infrastructure, which will proactively cooperate with relevant units in quickly taking remedial measures.

3. An organization or individual that commits any act that obstructs or threatens rail transport safety must incur penalties; in case of damage, they must provide compensation as prescribed by law.

Article 55. Responsibilities for protecting order and safety in railway activities

1. Railway enterprises shall organize the protection of order and safety in railway activities; preside over and cooperate with agencies and organizations to carry out activities to ensure rail transport order and safety as prescribed in clause 1 Article 51 of this Law.

2. The Public Security Force has the following responsibilities:

a) Inspect and search persons, cargo and railway vehicles as prescribed by law;

b) Investigate and handle railway accidents and impose penalties for violations of the law on rail transport;

c) Preside over and cooperate with agencies, organizations and individuals in ensuring security, order and safety in railway activities;

d) The Ministry of Public Security shall provide professional training in protection of order and safety in railway activities for railway enterprises;

dd) The Minister of Public Security shall stipulate sequence and contents of inspection and control of imposition of penalties for violations and investigation into railway accidents.

3. People’s Committees at all levels in areas through which railways pass have the following responsibilities:

a) When allocating or leasing out land along the railway safety corridors, reserve land for construction of collector roads, flyovers, underpasses, and fences to ensure rail transport safety;

b) Take measures to protect and prevent illegal occupation of railway safety corridors and maintain rail transport order and safety;

c) Improve safety at illegal crossings; reduce the number of and remove existing illegal crossings according to the roadmap stipulated by the Government; be responsible for the appearance of new illegal crossings;

d) Set up a budget for the assurance of rail transport within their jurisdiction;

dd) Participate in handling railway accidents as prescribed in Article 53 of this Law;

e) Heads of local governments of areas through which railways pass must bear responsibility for the occurrence of railway accidents in their localities in accordance with law.

Chapter IV

IMPLEMENTATION CLAUSE

Article 56. Amending and repealing some Articles and Appendices of relevant laws

1. Some Articles, clauses and points of the Law on Construction No. 50/2014/QH13 amended by the Law No. 03/2016/QH14, Law No. 35/2018/QH14, Law No. 40/2019/QH14, Law No. 62/2020/QH14, Law No. 45/2024/QH15, Law No. 47/2024/QH15, Law No. 55/2024/QH15, Law No. 61/2024/QH15, Law No. 84/2025/QH15 and Law No. 93/2025/QH15 are amended and repealed as follows:

a) Point d is added after point c clause 1 of Article 78 as follows:

“d) Regarding a railway project for which the Front-End Engineering Design (FEED) is tailored as a substitute for the fundamental design in the feasibility study report; the selection of a construction contractor or contractor performing EPC, EC, EP or turnkey contract shall be made on the basis of the approved investment project; the project owner reserves the right to decide the approval of the design steps following FEED.”;

b) Point b clause 2 of Article 78 is amended as follows:

“b) Fundamental design in the construction investment feasibility study report or construction drawing design; FEED and construction drawing design in the case specified in point d clause 1 of this Article;”;

c) Point h clause 2 of Article 89 is amended as follows:

“h) Works under construction investment projects with its construction investment feasibility study report appraised by a specialized construction authority in the area with the detailed planning of 1:500 scale or urban design approved by a competent authority;”;

d) Clause 1 of Article 159 is amended as follows:

“1. Organizations participating in construction activities shall disclose information about their capability for construction activities themselves.”;

dd) Clause 3 of Article 159 is amended as follows:

“3. Departments of Construction shall carry out inspection and impose penalties for violations that arise from the compliance with regulations on conditions concerning capability for construction activities committed by project owners, organizations and individuals participating in construction activities in areas under their management.”;

e) Point 3a is added after clause 3 of Article 166 as follows:

“3a. Regarding any work that is granted the construction permit before July 01, 2025 but is exempted from the construction permit as prescribed in this Law, the construction permit is not required to be adjusted.”;

g) Clause 4 of Article 148 and clause 2 of Article 159 are repealed.

2. Section V.3 part A in the Appendix 01 to the Law on Fees and Charges No. 97/2015/QH13 amended by the Law No. 09/2017/QH14, Law No. 23/2018/QH14, Law No. 72/2020/QH14, Law No. 16/2023/QH15, Law No. 20/2023/QH15, Law No. 24/2023/QH15, Law No. 33/2024/QH15, Law No. 35/2024/QH15, Law No. 47/2024/QH15, Law No. 60/2024/QH15, Law No. 74/2025/QH15, Law No. 89/2025/QH15 and Law No. 94/2025/QH15 are amended as follows:

3. Some sections in the Appendix 02 to the Law on Prices No. 16/2023/QH15 amended by the Law No. 44/2024/QH15 and Law No. 61/2024/QH15 are amended and repealed as follows:

a) Section 3 is amended and section 3a is added after section 3 as follows:

b) Section 17 is amended and section 17a is added after section 17 as follows:

c) Section 36 is amended as follows:

4. Some clauses of Article 209 of the Law on Land No. 31/2024/QH15 amended by the Law No. 43/2024/QH15, Law No. 47/2024/QH15, Law No. 58/2024/QH15, Law No. 71/2025/QH15, Law No. 84/2025/QH15 and Law No. 93/2025/QH15 are amended as follows:

a) Point a of clause 1 is amended as follows:

“a) Land for construction of national and local railway infrastructure; land for construction of offices of state agencies for regular activities in railway stations;”;

b) Clause 5 is added after clause 4 as follows:

“5. The Government shall stipulate the management and use of land reserved for railways.”.

5. Clause 2 Article 34 of the Law on Planning No. 21/2017/QH14 amended by the Law No. 15/2023/QH15, Law No. 16/2023/QH15, Law No. 28/2023/QH15, Law No. 31/2024/QH15, Law No. 35/2024/QH15, Law No. 38/2024/QH15, Law No. 43/2024/QH15, Law No. 57/2024/QH15 and Law No. 94/2025/QH15 is amended as follows:

“2. The Prime Minister shall approve national sector planning, regional planning and provincial planning, except railway network planning approved by the Minister of Construction.”.

Article 57. Application clauses

1. With regard to a single matter, if regulations in this Law are different from those in laws or resolutions of the National Assembly, regulations of this Law shall prevail. If the National Assembly’s laws or resolutions promulgated after the effective date of this Law contain regulations which are more favorable or preferential, such regulations shall prevail.

2. The development of the urban railway network system in Hanoi city is subject to regulations of this Law without having to comply with the regulations set out under clause 2 and clause 3 Article 31, point a clause 2 and clause 3 Article 37 of the Law on the Capital.

3. Every 03 years, the Government shall report results of implementation of mechanisms and policies for investment in construction of railway projects specified in Section 2 Chapter II of this Law. The National Assembly and the Standing Committee of the National Assembly shall carry out supervision as prescribed. Provincial People’s Councils shall supervise the investment in local railway projects, TOD-modeled local railway projects and TOD-modeled urban development projects.

Article 58. Effect

1. This Law comes into force from January 01, 2026, except the case specified in clause 2 of this Article.

2. Clause 1, point b clause 3 Article 56, Section 2 and Section 3 Chapter II of this Law comes into force from July 01, 2025.

3. The Railway Law No. 06/2017/QH14 amended the Law No. 35/2018/QH14, Law No. 16/2023/QH15, Law No. 31/2024/QH15, Law No. 43/2024/QH15 and Law No. 47/2024/QH15 shall cease to have effect the effective date of this Law, except the case specified in Article 59 of this Law.

Article 59. Transitional clauses

1. For any railway project whose investment policies are decided before the effective date of this Law, the investment decision maker shall decide to apply regulations according to the approved investment policy decision or according to regulations of this Law with regard to the subsequent steps.

2. Regarding an urban railway line constructed before the effective date of this Law for which the application for system safety assessment has been submitted, the competent authority shall keep conducting the assessment and issue a certificate of assessment of urban railway system safety.

3. If the People’s Committee of a province through which a local or specialized railway passes is unfit to perform the tasks specified in point b clause 3 of Article 47 and clause 4 Article 48 of this Law, the Minister of Construction shall continue to exercise the authority to issue certificates of railway vehicle registration as prescribed in point b clause 3 Article 47 and to issue licenses for driving train on local and specialized railways as prescribed in clause 4 Article 48 of this Law. Within 24 months from the effective date of this Law, the provincial People’s Committee shall strengthen its organization and staffing to issue certificates of railway vehicle registration and licenses for driving train on local and specialized railways as prescribed in this Law.

This Law was adopted by the 15^th National Assembly of the Socialist Republic of Vietnam on this 27^th of June, 2025 during its 9^th session.