THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No. 76/1998/ND-CP
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Hanoi, September
26, 1998
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DECREE
AMENDING AND
SUPPLEMENTING A NUMBER OF ARTICLES OF DECREE No. 39-CP OF JULY 5, 1996 OF THE
GOVERNMENT
THE GOVERNMENT
Pursuant
to the Law on Organization of the Government of September 30, 1992;
Pursuant to the Ordinance on the Vietnam People's Police of January 28, 1989
and the Ordinance amending Article 6 of the Ordinance on the Vietnam People's
Police of July 6, 1995;
Pursuant to the Ordinance on the Handling of Administrative Violations of July
6, 1995;
Pursuant to Decree No. 80-CP of December 5, 1996 of the Government stipulating
the organization and operation of the Specialized Communication and Transport
Inspectorate;
At the proposals of the Minister of Communication and Transport and the
Minister of Justice,
DECREES:
Article 1.-
To amend and supplement a number of articles of Decree No.39-CP of July 5, 1996
of the Government on ensuring railway traffic order and safety as follows:
1. Clause 4, Article 29 is amended as follows:
"4. Electricity posts and telephone posts
which are built after the date of promulgation of this Decree must be erected
at a distance larger than the height of the posts, from the rail's outer
edge."
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"6. Transporting passengers or goods
without passenger tickets or freight tickets".
3. Clause 2, Article 44, is amended as follows:
"2. In cases where a train has to maneuver
or to stop, thus blocking a crossroad, the time for the land-road traffic
interruption shall comply with the regulations of the Ministry of Communication
and Transport"
4. To add Clause 3 to Article 45 as follows:
"3. The Ministry of Communication and
Transport shall prescribe the time for putting up barriers at bridges used for
both land and rail traffic."
5. Point b, Clause 3, Article 54, is amended as
follows:
"b) Failure to restore the railroad
sections where drilling, digging, splitting or leveling are temporarily permitted
after the projects are completed."
6. Clause 1, Article 56, is amended as follows:
"1. A warning or a pecuniary fine of VND
50,000 to 100,000 shall be imposed on one of the following acts:
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b) Letting people peddle goods in railway
stations or on trains.
c) Transporting persons without responsibility
on freight trains; letting people mount on or alight from running trains; letting
people lay on the luggage racks.
d) Selling passenger tickets and/or freight
tickets exceeding the prescribed plan.
e) After an accident takes place, failing to
protect the accident site or give first aid to the victims.
f) Improperly loading and unloading goods and/or
luggage, thus causing imbalance or overload, or violating the regulations on
size limits and reinforcement.
g) Failing to comply with the regulations on
testing and checking brakes."
7. To add Points e and f to Clause 1, Article 59
as follows:
"e) Persons who are present without
permission in the delimited safety area of a railway traffic project.
f) Parking or stopping land-road motorized means
or rudimentary vehicles in the safety area of a railway traffic project."
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All previous stipulations which are contrary to
this Decree are now annulled.
Article 3.-
The ministers, the heads of the ministerial-level agencies and the heads of the
agencies attached to the Government shall, within their respective functions
and tasks, have to guide and organize the implementation of this Decree. The
presidents of the People's Committees of the provinces and cities directly
under the Central Government shall base themselves on the situation and
characteristics of their respective localities and their competence to
elaborate regulations and plans for implementation of this Decree.
Article 4.-
The ministers, the heads of the ministerial-level agencies, the heads of the
agencies attached to the Government and the presidents of the People's
Committees of the provinces and cities directly under the Central Government
shall have to implement this Decree.
THE GOVERNMENT
Phan Van Khai