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THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
109/2006/ND-CP
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Hanoi,
September 22, 2006
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DECREE
DETAILING AND GUIDING THE IMPLEMENTATION OF A NUMBER OF
ARTICLES OF THE RAILWAY LAW
THE GOVERNMENT
Pursuant to the December 25, 2001 Law on
Organization of the Government;
Pursuant to the June 14, 2005 Railway Law;
At the proposal of the Transport Minister,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1.- Governing
scope
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Article 2.- Subjects of
application
This Decree applies to Vietnamese organizations
and individuals, foreign organizations and individuals that conduct
railway-related activities in the territory of the Socialist Republic of
Vietnam.
Where treaties to which the Socialist Republic
of Vietnam is a contracting party contains provisions different from those of
this Decree, the provisions of such treaties shall be applied.
Article 3.- Specialized
railways not connected with national railways
The application of quality, technical safety and
environmental protection standards of railway traffic means, railway
infrastructure standards, technical process for railway operation comply with
the regulations of the Transport Ministry.
Article 4.- Management
and organization of implementation of railway development planning
1. The Ministry of Transport is responsible for
managing and organizing the implementation of the matter plan on railway
development; approving detailed plannings on railway infrastructure development
and railway transportation in each period and each region in accordance with
the matter plan on railway development already approved by the Prime Minister.
2. The Ministry of Planning and Investment, the
Ministry of Finance and the concerned ministries and branches shall base on
their respective functions and tasks to assume the prime responsibility for, or
coordinate with the Ministry of Transport in, performing tasks related to the
matter plan on railway development already approved by the Prime Minister.
3. People's Committees of all levels that have
plannings on railways running through their localities, shall coordinate in
implementation of railway development planning and protection of railways.
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Chapter II
RAILWAY INFRASTRUCTURES
Article 5.- Land
reserved for railways
1. Railway land covers land for construction of
railway works, land within the railway work protection scope and land within
railway traffic safety corridors.
2. Railway infrastructure business enterprises
shall assume the prime responsibility for management and protection of railway
land; ensure the right use purposes already approved and comply with the
provisions of land law. Commune-level People's Committees of localities where
exist railway works shall protect land within the railway work protection scope
and railway traffic safety corridors; detect and handle acts of encroachment
upon the railway work protection scope and railway traffic safety corridors.
Allowed to exist in the railway traffic safety
corridors are only trees of under 1.5 meters high, which must be at least 2
meters away from the foot of the embanked road beds and at least 5 meters away
from the top edge of the dug road talus or at least 3 meters from the outer
edge of the horizontal water drainage ditches and top water drainage ditches of
the railroads.
3. Railway land shall be marked with boundary markerposts.
The planting of railway land boundary markerposts is provided for as follows:
a/ For land planned for railways, the planting
of boundary markerposts shall be primarily undertaken by the Ministry of
Transport in coordination with the provincial-level People's Committees of the
localities planned for railways to run through.
b/ For land where already exist railway works,
railway infrastructure business enterprises shall assume the prime
responsibility for, and coordinate with the district-level People's Committees
of the localities where exist the railway works in, elaborating specific plans
for planting of boundary markerposts to determine the railway work protection
scope or railway traffic safety corridors, submitting them to the provincial-level
People's Committees of the localities where exist the railway works for
approval; and at the same time notify the commune-level People's Committees of
the localities where the railway works exist thereof for coordination in
protection thereof.
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4. Railway infrastructure business enterprises
shall assume the prime responsibility for, and coordinate with the
commune-level People's Committees and district-level natural resources and
environment agencies of the localities where exist the railway works in,
reviewing the current use of land within the railway work protection scope and
the railway traffic safety corridors in order to propose competent state bodies
to settle it according to the following regulations:
a/ For works which have existed before the
railway work protection scope and/or railway traffic safety corridors are
publicized under the provisions of law:
- When the use of land affects the work safety,
railway traffic safety or the operation of the railway works directly affects
the life and health of land users, the railway state management bodies shall
evaluate the affecting extent; if the land must be recovered, propose competent
district-level People's Committees to decide on the recovery of such land.
Persons having their land recovered shall be provided with compensations and
supports according to the provisions of law.
- When the use of land does not affect the
railway work safety or railway traffic safety or the operation of the railway
works does not affect the life and health of land users, the current land users
may continue using the land for the purposes permitted by competent state
bodies but must strictly comply with the regulations on ensuring the railway
work safety and railway traffic safety;
b/ For works constructed after the railway work
protection scope or railway traffic safety corridors are publicized under the
provisions of law, they shall be handled according to the provisions of law and
work owners shall not be provided with compensations and/or supports when their
land is recovered, except for works permitted for construction under the
provisions of Article 33 of the Railway Law.
5. People's Committees of all levels of
localities where exist railway works, within the scope of their tasks and
powers, have the following responsibilities:
a/ To detect, prevent and handle in time cases
of encroachment upon, illegal occupation and use of, railway land; compel
violators to restore the initial state in order to ensure railway communication
and transport order and safety according to regulations.
When the encroachment upon, and/or illegal
occupation and use of, railway land occur in localities, presidents of People's
Committees of different levels shall bear responsibility therefor under the
provisions of law;
b/ To coordinate with railway state management
agencies and/or railway infrastructure business enterprises in, disseminating
laws on ensuring safety for railway works, railway communication and transport
order and safety; publicizing railway land boundary, planting, handover and
reception of railway land boundary markerposts.
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Organizations and individuals investing in the
construction of national railways or urban railways are entitled to the following
preferential policies:
1. To be assigned land without payment of land
use levies, for land used for construction of rail route lines, including land
for railroad beds, bridges, culverts, embankments, retaining walls, water
drainage systems, communications and signaling system, power supply system,
railway tunnel land, the entire land for construction of railway stations,
works for locomotive and carriage operations and other support facilities
necessary for organization of train operation on rail route lines.
2. To be leased land with the most preferential
rents, for land used for construction of goods-storing yards, inland container
depots (ICD) and other facilities of railway infrastructures outside railway
stations.
3. To be fully provided with state budget
funding supports for ground clearance, for the railway land defined in Clause 1
of this Article.
The Ministry of Transport shall assume the prime
responsibility for, and coordinate with the Ministry of Planning and
Investment, the Ministry of Finance and the provincial-level People's
Committees in, providing funding supports for ground clearance, for the railway
land defined in Clause 1 of this Article.
4. To enjoy exemption from or reduction of
import duty on railway supplies, technologies and technical equipment which
cannot be produced at home yet under the provisions of tax law.
5. Particularly the approved projects on
construction of urban railways shall be provided by the State with part of
investment funding as support from the central budget.
6. Other preferences under the provisions of
law.
Article 7.- Construction
of works, exploitation of natural resources and other activities in the
vicinities of railway work protection scope
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2. The minimum safety distance of a number of
works in the vicinities of railway work protection scope is provided for as
follows:
a/ Houses built of flammable materials must be
at least 5 meters away from the railway traffic safety corridor border lines;
b/ Lime kilns, pottery kilns, brick kilns, pig
iron and steel blast furnaces, cement kilns, glass furnaces must be located at
least 10 meters from the railway traffic safety corridor border lines;
c/ Warehouses storing noxious substances,
explosives, inflammables or explosion-prone substances must be built away from
the railway traffic safety corridor border lines as provided for by law;
d/ For power transmission lines above railways,
apart from ensuring the safety distances under the provisions of law on
electricity, measures must be taken to ensure the non-interference in railway
communication and signal systems and ensure safety when power transmission
lines are broken.
3. When the construction, natural resource
exploitation or other activities may affect railway work safety or railway
communication and transport safety, the construction investors, organizations
or individuals exploiting natural resources or conducting other activities
shall promptly report thereon to railway infrastructure business enterprises
for application of necessary measures to ensure railway work safety or railway
communication and transport safety.
Chapter III
URBAN RAILWAYS
Article 8.- Standards of
urban centers entitled to investment in construction of urban railways
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1. Having the function of a political, economic,
cultural, scientific and technological, tourist, service center, a domestic and
international traffic and exchange hub playing the role of boosting
socio-economic development in a territorial or inter-provincial region or the
whole country.
2. The non-agricultural workforce accounts for
85% or higher of the total labor force.
3. Having the population of at least one
million.
4. Having the average population density of
12,000 persons/km2 or more.
Article 9.- Funding
supports for urban railway communication and transport
Annually, based on the demand of funding support
for urban railway communication and transport, provincial-level People's
Committees shall incorporate the funding into local budget. In case of deficit,
the central budget provides supports from the funding support amounts for urban
mass transit services under the provisions of Clause 4, Article 56 of the
Railway Law and the provisions of the law on state budget.
Chapter IV
RAILWAY BUSINESS
Article 10.-
Responsibilities of railway business organizations and individuals
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2. To observe the provisions of law on railway
communication and transport and provisions of other relevant law.
3. To fully and promptly perform obligations
towards the State according to provisions of law.
Article 11.- General
conditions on railway business
1. Railway business has the following forms:
a/ Railway infrastructure business;
b/ Railway transport business;
c/ Cargo loading and unloading at railway
stations or storing yards;
d/ Goods warehousing, preservation at railway
stations;
e/ Manufacture, assembly, transformation,
rehabilitation of railway traffic means;
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g/ Cargo forwarding service provision.
2. Railway business is a conditional business.
Railway business enterprises and cooperatives (hereinafter referred
collectively to as enterprises) must satisfy the following general conditions:
a/ Being enterprises set up under Vietnamese
law;
b/ Having business registration compatible with
business lines;
c/ Having equipment and material foundations
suitable to business lines.
Article 12.- Railway
transport business conditions
Railway transport business enterprises must
satisfy the following conditions:
1. The conditions prescribed in Clause 2,
Article 11 of this Decree.
2. Having the safety certificate as provided for
in Article 75 of the Railway Law.
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4. Having contracts for provision of railway
communication and transport operation services with railway communication and
transport operation organizations.
5. Persons assigned with the prime
responsibility for technical management of transport operation must have a
university degree and at least three (3) years' experience in railway transport
operation. Personnel directly involved in train operation must satisfy all the
conditions prescribed in Article 46 of the Railway Law and must firmly grasp
the railway process and regulations.
6. For passenger transport and dangerous cargo
transport by railways, apart from the conditions prescribed in Clauses 1, 2, 3,
4 and 5 of this Article, enterprises must have insurance contracts as provided
for by law on insurance.
7. For urban railway transport business, apart
from the conditions prescribed in Clauses 1, 2, 3, 4, 5 and 6 of this Article,
enterprises must also have plans on organization of train operation, ensuring
safe, regular and punctual train operation according to the announced train
operation time tables.
Article 13.- Conditions
for railway infrastructure business
Railway infrastructure business enterprises must
satisfy all the following conditions:
1. The conditions prescribed in Clause 2,
Article 11 of this Decree.
2. Having the safety certificate as provided for
in Article 75 of the Railway Law.
3. Persons assigned with the prime
responsibility for technical management of railway infrastructures must have a
university degree and at least three years' experience in operation of railway
infrastructures. Personnel directly involved in train operation must satisfy
all the conditions prescribed in Article 46 of the Railway Law and must firmly
grasp the railway process and regulations.
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Enterprises doing business in cargo loading and
unloading at railway stations and/or storing yards must satisfy all the
following conditions:
1. The conditions prescribed in Clause 2,
Article 11 of this Decree.
2. The cargo loading and unloading sites ensure
all safety conditions under the regulations of the Ministry of Transport.
3. The cargo handling equipment put into
operation are up to the prescribed technical safety standards.
4. Cargo handling equipment operators possess
permits, diplomas, professional certificates according to the provisions of
law.
Article 15.- Business
conditions for goods warehousing and preservation at railway stations
Enterprises doing business in goods storage and
preservation at railway stations must satisfy all the following conditions:
1. The conditions prescribed in Clause 2,
Article 11 of this Decree.
2. Warehouses and storing yards are up to the
prescribed standards.
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Article 16.- Business
conditions for manufacture, assembly, transformation, rehabilitation of railway
traffic means
Enterprises doing business in manufacture,
assembly, transformation and rehabilitation of railway traffic means shall
satisfy all the following conditions:
1. The conditions prescribed in Clause 2,
Article 11 of this Decree.
2. Having a section for quality control and
management.
3. Having plans on fire prevention and fighting
and environmental pollution prevention, which are approved by competent bodies
or being granted certificates thereof.
4. Having at least one technician who possesses
a university degree in mechanical engineering for railway traffic means.
Article 17.- Contents
and order of, procedures for, granting, amending, supplementing, withdrawing
railway business registration certificates
The contents and order of, procedures for,
granting, amending, supplementing, withdrawing railway business registration
certificates shall be as stipulated in the law on business registration.
Article 18.- Formation
and announcement of load pass, speed pass, train operation time tables
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2. Organizations and individuals that manage and
operate specialized railways shall themselves formulate and announce load pass,
speed pass and train operation time tables and take responsibility for
incidents or accidents according to the provisions of law.
Article 19.- Specific
provisions on railway transport business
The Minister of Transport shall detail and guide
the railway transportation of cargoes, passengers, luggage and baggage.
Article 20.- Management
and use of financial sources for management and maintenance of railway
infrastructures invested by the State
1. Financial sources for management and
maintenance of railway infrastructures invested by the State shall be used for
the following jobs:
a/ Managing assets belonging to the
State-invested railway infrastructures according to the provisions of law;
b/ Maintaining, repairing the State-invested
railway infrastructures in order to maintain their technical conditions and
raise their quality, ensuring safe and smooth railway traffic.
c/ Preventing, fighting and redressing in time
the consequences of railway incidents. natural calamities, railway traffic
accidents in order to ensure safe and smooth railway traffic.
2. Enterprises dealing in national-railway
infrastructures invested by the State shall, within the scope of their
respective management, draw up plans on management and maintenance of
national-railway infrastructures invested by the State.
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4. The management, allocation and settlement of
finance from the state budget sources for management and maintenance of railway
infrastructures invested by the State shall be as stipulated in the law on
state budget.
Article 21.- Ticket
price exemption, reduction for social-policy beneficiaries
1. The following social-policy beneficiaries are
entitled to railway ticket price exemption or reduction regimes:
a/ Persons engaged in revolutionary activities
before January 1, 1945;
b/ Persons engaged in revolutionary activities
from January 1, 1945, to before the August 19, 1945 General Uprisings;
c/ Vietnamese Hero Mothers;
d/ War invalids and persons enjoying policies
like war invalids;
e/ Diseased armymen;
f/ Participants in revolutionary activities,
resistance-war activities, who were captured and imprisoned by enemy;
resistance-war activists infected with toxic chemicals;
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h/ Agent orange victims;
i/ Seriously disabled persons;
j/ Children, pupils, students.
2. The Ministry of Transport shall assume the
prime responsibility for, and coordinate with the Ministry of Labor, War
Invalids and Social Affairs and the Ministry of Finance in, guiding the price
ticket exemption and reduction and the reduction levels suitable to each period
of national socio-economic development.
Article 22.- Support
for maintenance of train operation in special cases
The maintenance of train operation in service of
socio-economic requirements, defense and/or security requirements, for which
the expenses cannot be offset, shall be supported under the Prime Minister's
decision on a case-by-case basis.
Chapter V
LIST OF DANGEROUS GOODS
AND TRANSPORT THEREOF ON RAILWAYS
Section 1. DANGEROUS GOODS
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1. Depending on their chemical and physical
properties, the dangerous goods are classified into the following 9 types
(types 1, 2, 4, 5 and 6 are divided into groups):
Type 1: Explosive.
Group 1.1: Explosives.
Group 1.2: Industrial explosive materials.
Type 2: Inflammable, noxious substances.
Group 2.1: Inflammable gases.
Group 2.2: Poison gases.
Type 3: Inflammable liquids and deactivated
liquid explosives.
Type 4: Inflammable solids.
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Group 4.2: Self-inflammable substances.
Group 4.3: Substances generating inflammable gas
upon contact with water.
Type 5: Oxidizers.
Group 5.1: Oxidizers.
Group 5.2: Organic oxide.
Type 6: Noxious, contagious substances.
Group 6.1: Noxious substances.
Group 6.2: Contagious substances.
Type 7: Radioactive substances.
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Type 9: Other dangerous substances and goods.
2. Dangerous goods packages and containers which
have not yet been cleaned inside and outside after they are emptied from
dangerous goods are also considered dangerous goods.
Article 24.- List of
dangerous goods
1. Dangerous goods are classified according to
types and groups accompanied with danger codes and signs prescribed by the
United Nations in Appendix I to this Decree (not printed herein).
2. The extent of danger of each substance on the
list of dangerous goods is demonstrated by a danger sign of two to three
numerals prescribed in Appendix II to this Decree (not printed herein).
3. Based on the list of dangerous goods
promulgated by the Government, the Prime Minister shall adjust it in each
period to suit the practical situation at the proposal of the agencies defined
in Article 26 of this Decree.
Article 25.- Packing,
package, container, label, symbol of dangerous goods and danger signs
1. Dangerous goods subject to packing must be
packed before transportation on railways. The packing of dangerous goods must
comply with Vietnamese standards and regulations of competent state bodies.
2. Packages, containers of dangerous goods must
be up to the prescribed standards and stuck with symbols of dangerous goods.
The sizes, signs and colors of dangerous goods symbols shall be as stipulated
at Point 1 of Appendix III to this Decree.
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4. Both sides of a means for transport of
dangerous goods must be stuck with dangerous goods symbols. If a transport
means carries different types of dangerous goods, the symbols of all those
dangerous goods must be stuck. When a means carries containers or sterns
containing dangerous goods, the symbols of dangerous goods must also be stuck
directly on such containers or sterns.
5. The danger signs are in orange-yellow
rectangles, with the UN codes in the middle. The sizes of danger signs are
prescribed at Point 2, Appendix III to this Decree. The danger sign is stuck
below the dangerous goods symbols.
6. The packing, packages, containers, labels,
symbols of dangerous goods and danger signs for the transportation of
radioactive substances shall be as stipulated in the law on radiation safety
and control.
Article 26.-
Responsibility to elaborate, amend and supplement regulations on dangerous
goods
The responsibility to elaborate, amend,
supplement, submit to competent bodies for promulgation or to promulgate
according to competence the regulations on the list of dangerous goods,
standards of packing, packages, containers of dangerous goods and necessary
cautions upon handling of dangerous goods is prescribed as follows:
1. The Ministry of Agriculture and Rural
Development is responsible for plant protection drugs.
2. The Health Ministry is responsible for toxic
chemicals used in the medical domain and insect- or germ- killing chemicals for
domestic use.
3. The Trade Ministry is responsible for
gasoline and oil of different types, fuel gas.
4. The Industry Ministry is responsible for
dangerous chemicals used in industrial production.
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6. The Ministry of Natural Resources and
Environment is responsible for the remaining dangerous toxic chemicals in the
types and groups of dangerous goods.
Section 2. TRANSPORT OF
DANGEROUS GOODS
Article 27.- General
provisions
1. Vietnamese organizations and individuals and
foreign organizations and individuals conducting activities related to the
transport of dangerous goods on railways shall comply with the provisions of the
Railway Law and this Decree.
2. The transport, loading, unloading and
preservation of radioactive substances, industrial explosives on railways,
apart from the provisions of he Railway Law and this Decree, shall also be as
stipulated in other relevant law.
3. The train operation, formation and shunting
in the course of transportation of dangerous goods must comply with railway
process and regulations.
4. The Defense Ministry, the Public Security
Ministry shall assume the prime responsibility for, and coordinate with the
Transport Ministry in, providing for the transport of dangerous goods on
railways in service of defense and/or security purposes.
Article 28.- Transport
of dangerous goods in special cases
The Prime Minister shall decide on the transport
of dangerous goods on railways in the following cases:
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2. Transit goods of other countries or
international organizations being contracting parties to treaties to which
Vietnam is not a contracting party.
Article 29.- Conditions
on persons engaged in the transport of dangerous goods
1. Train running personnel, direct station train
controllers, train captains, shunting team members (chief shunters; couplers,
switch men), station cargo controllers, drivers of trains carrying dangerous
goods, warehouse keepers, dangerous goods handlers at stations or storing yards
must be trained under the regulations of the Transport Ministry.
2. Dangerous goods escorts, warehouse keepers,
handlers of dangerous goods at warehouses of goods owners must be trained under
the regulations of the agencies defined in Article 26 of this Decree.
Article 30.- Loading,
unloading, warehousing of dangerous goods
1. Persons loading, unloading or warehousing
dangerous goods shall observe the dangerous goods loading, unloading and
warehousing regulations of the Transport Ministry and the agencies defined in
Article 26 of this Decree.
2. Based on the regulations of the Transport
Ministry and the agencies defined in Article 26 of this Decree and the
instructions of transport hirers, the persons assuming the prime responsibility
for receiving and organizing the transport of dangerous goods shall decide on
plans to load, reinforce the dangerous goods and direct relevant staff to
conduct the goods loading and unloading according to regulations.
The loading and reinforcement of dangerous goods
on railway traffic means must strictly comply with goods loading plans.
Dangerous goods of different types, which reinforce or create higher risk when
being loaded together in the same carriages, must not be arranged together.
The formation of trains for transport of
dangerous goods shall comply with the regulations on transport of such types
and groups of goods.
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4. For types or groups of dangerous goods which
must be loaded, unloaded or warehoused at separate places according to
regulations, they must be loaded, unloaded and warehoused in separate areas to
ensure safety according to the typical characteristics of such goods.
5. After all the dangerous goods are delivered
from warehouses or storing yards, such warehouses or storing yards shall be
cleaned up so as not to affect other types of goods.
Article 31.- Conditions
on means for transport of dangerous goods
Apart from satisfying all the conditions
prescribed by the Railway Law, dangerous goods transport means must also meet
the following conditions:
1. Being compatible with the types of goods to
be transported according to regulations. The Transport Ministry shall assume
the prime responsibility for, and coordinate with the agencies defined in
Clause 2, Article 36 of this Decree in, prescribing the conditions on wagons
for transport of dangerous goods with regard to types, groups and names of
corresponding dangerous goods.
2. Being cleaned by goods consignees strictly
according to the prescribed procedures at designated places without affecting
railway traffic and environmental hygiene after the unloading of goods if they
do not continue to carry such types of goods.
The Transport Ministry shall assume the prime
responsibility for, and coordinate with the agencies defined in Article 26 of
this Decree in, guiding the process and place of cleaning the railway transport
means after the transport of dangerous goods.
Article 32.-
Responsibility of persons directly involved in transport of dangerous goods
1. Persons directly involved in transport of
dangerous goods include train running personnel, direct station train
constrollers, train captains, shunters, station cargo controllers, train
drivers operating means for transport of dangerous goods.
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a/ To observe the regulations stated in
dangerous goods permits regarding types, groups, names of dangerous goods
stated in the permits;
b/ To follow the instructions in notices of
persons hiring the transport of dangerous goods;
c/ To compile dangerous goods dossiers
comprising transport bills, goods loading diagrams and other relevant papers;
d/ To regularly guide and supervise the loading
and unloading of goods on/from transport means; to preserve dangerous goods in
the course of transportation without escorts;
e/ Upon detection of dangerous goods incidents,
threatening the safety of humans, transport means, environment and other
commodities in the course of transportation, to quickly apply measures to limit
or eliminate the possibility of causing harms by dangerous goods; to make
records thereon and report such to the nearest People's Committees and relevant
bodies for handling. In cases of beyond their capacity, to report thereon to
their superior and the transport hirers for timely solution.
Article 33.-
Responsibilities of persons hiring the transport of dangerous goods
Apart from observing the provisions of the
Railway Law and relevant provisions of this Decree, the persons hiring the
transport of dangerous goods also have the following responsibilities:
1. To possess dangerous goods permits issued by
competent bodies, for types, groups and names of dangerous goods requiring the
dangerous goods permits.
2. To fill in the declarations on consignment of
dangerous goods according to regulations and hand them to carriers before the
goods are loaded onto the means, clearly stating the names of dangerous goods;
codes; types and groups of dangerous goods; total volume; types of packages;
the number of packages, packs; date and place of manufacture; full names and
addresses of persons hiring the transport of dangerous goods; full names and
addresses of goods consignees.
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4. To organize goods escort, for types and
groups of dangerous goods requiring escorts as provided for by the agencies
defined in Article 26 of this Decree. Escorts of dangerous goods shall
regularly guide and supervise the loading and unloading of dangerous goods
on/from transport means; join train captains and relevant persons in preserving
goods and promptly handle incidents, if any, in the course of transportation.
Article 34.- Responsibilities
of enterprises transporting dangerous goods
Apart from observing the provisions of the
Railway Law and the relevant provisions of this Decree, enterprises
transporting dangerous goods also have the following responsibilities:
1. To transport only when there are dangerous
goods permits and the dangerous goods are accompanied with adequate papers,
packed and labelled according to regulations.
2. To examine dangerous goods, ensuring transport
safety according to regulations.
3. To follow the instructions stated in the
notices of transport hirers and the regulations stated in the dangerous goods
permits.
4. To direct the persons directly involved in
transport of dangerous goods to observe the regulations on transport of
dangerous goods on railways.
5. To buy insurance according to the provisions
of law.
Article 35.-
Responsibilities of local People's Committees upon occurrence of incidents in
the course of transportation of dangerous goods
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1. Saving people, transport means, dangerous
goods.
2. Carrying victims (if any) out of the incident
areas and organizing the first-aids for them.
3. Zoning off, evacuating people out of the
polluted and contaminated areas and at the same time reporting thereon to the
superior People's Committees for mobilization of fire-fighting, chemical,
anti-epidemic and environmental protection forces, promptly handling the
incidents and redressing the consequences.
4. To organize and arrange forces for protection
of the scenes, dangerous goods and means for continued transportation and in
service of investigation and remedy of consequences.
Article 36.- Competence
to grant dangerous goods permits
1. Based on the danger extents of types, groups,
names of goods on the list of dangerous goods in Appendix I to this Decree, the
agencies defined in Clause 2 of this Article shall prescribe types, groups and
names of dangerous goods, for which the transport hirers must acquire dangerous
goods permits when they are transported on railways.
2. The competence to grant dangerous goods permits
when they are transported on railways is provided for as follows:
a/ The Ministry of Public Security shall provide
the issuance of dangerous goods permits for goods of types 1. 2, 3, 4 and 9
defined in Clause 1, Article 23 of this Decree;
b/ The Ministry of Science and Technology shall
provide the issuance of dangerous goods permits for goods of types 5, 7 and 8
defined in Clause 1, Article 23 of this Decree;
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d/ The Ministry of Agriculture and Rural
Development shall provide the issuance of dangerous goods permits for plant
protection drugs of various types;
e/ The Ministry of Natural Resources and
Environment shall provide the issuance of dangerous goods permits for the
remaining types, groups and names of dangerous goods.
Article 37.- Dangerous
goods permits
1. The dangerous goods permits defined by
competent bodies in Clause 2, Article 36 of this Decree shall be granted to
persons hiring the transport of dangerous goods.
2. A dangerous goods permit has the following
major contents:
a/ Name and address of the dangerous goods
transport hirer;
b/ Name, group, type and volume of dangerous
goods;
c/ Names of the dangerous goods loading and
unloading stations;
d/ Itinerary and time of transport of dangerous
goods;
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3. The agencies defined in Clause 2, Article 36 of
this Decree shall provide for the dossiers, order, procedures, time limits for
grant of dangerous goods permits and the management and distribution thereof.
The dangerous good permit form must fully cover the contents specified in
Clause 2 of this Article.
4. Dangerous goods permits shall be granted for
goods lots on a case-by-case basis.
Article 38.-
Registration of wagons for transportation of dangerous goods and loading and
unloading stations
Enterprises transporting dangerous goods on
railways must register types of means fully meeting the dangerous-goods
transportation standards, loading stations, unloading stations with the
agencies defined in Clause 2, Article 36 of this Decree and strictly observe
such registration.
Chapter VI
RESPONSIBILITIES OF
MINISTRIES, BRANCHES AND PROVINCIAL-LEVEL PEOPLE'S COMMITTEES TO ENSURE RAILWAY
COMMUNICATION AND TRANSPORT ORDER AND SAFETY
Article 39.-
Responsibilities of the Transport Ministry
1. To promulgate standards, procedures, rules,
regulations and econo-technical norms in the railway communication and
transport domain according to its competence in order to ensure safe, smooth
and convenient passenger and cargo transportation.
2. To prescribe the conditions and standards of
establishments designing, building, repairing, registering and inspecting
railway traffic equipment and means; to stipulate and organize the
registration, registry of railway traffic means.
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4. To direct and inspect the operations of
railway inspection systems; to sanction administrative violations in ensuring
railway work safety and railway traffic order and safety according to its
competence.
5. To coordinate with local People's Committees
and concerned ministries and branches in disseminating and guiding the railway
law and ensuing railway communication and transport order and safety; to settle
the consequences of railway traffic incidents or accidents.
6. To coordinate with the Ministry of Public
Security in monitoring, analyzing the causes of serious and particularly
serious traffic accidents, draw up effective measures to limit railway traffic
accidents.
Article 40.- Responsibilities
of the Ministry of Public Security
1. To direct the maintenance of railway
communication and transport security, order and safety.
2. To examine, supervise and sanction acts of
violating the regulations on railway communication and transport security,
order and safety.
3. To take prime responsibility for
investigating, sanctioning railway traffic accidents; to make statistics on,
monitor, analyze and conclude on the causes of railway traffic accidents; to
supply data on railway traffic accidents.
4. To assume the prime responsibility for, and
coordinate with the Transport Ministry in, stipulating and proposing
ministries, branches, provincial-level People's Committees to apply measures to
prevent and address the causes of railway traffic accidents.
5. To direct the Road-Railway Traffic Police
Department, local police offices to coordinate with the railway sector in
maintaining railway communication and transport security, order and safety for
trains carrying high-level Party and State delegations and foreign delegations,
for special cargo trains.
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1. To ensure fundings for the management and
maintenance of national railway infrastructures invested by the State.
2. To ensure fundings for the maintenance of
railway communication and transport order and safety at the levels approved by
the Prime Minister on the basis of the proposal of the Ministry of Transport
and the Ministry of Public Security.
Article 42.- Responsibilities
of the Defense Ministry
To direct the military agencies at all levels to
coordinate with the railway sector, police forces in maintaining railway
communication and transport order and safety; to strictly observe the railway
communication and transport order and safety in transportation of military
personnel, means, weapons on railways.
Article 43.- Responsibilities
of the Ministry of Culture and Information
1. To draw up plans for regular and widespread
dissemination of railway law to people.
2. To direct central and local
culture-information and press agencies to regularly disseminate the railway
law, mobilize people to strictly observe the law on railway communication and
transport order and safety.
3. To guide the grant of advertisement permits
without affecting the railway communication and transport order and safety.
Article 44.- Responsibilities
of the Ministry of Education and Training
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Article 45.- Responsibilities
of provincial-level People's Committees
1. To direct and organize the dissemination of
the law on railway communication and transport order and safety; to apply all
necessary measures to establish railway communication and transport order and
safety; to assign the People's Committees of the district and commune levels in
the localities where railways run through to assume the responsibility for the
protection of railway works in their respective localities.
2. To work out plans on and direct the clearance
of works illegally built within railway land areas.
3. To direct subordinate People's Committees of
the localities where railways are broken due to traffic accidents or natural
disasters to coordinate with the railway sector in promptly addressing the
consequences, restoring railway traffic.
Article 46.- Responsibilities
of the mass media agencies
The central and local mass media agencies shall
work out plans, programs, special columns or programs for popularization of the
law on railway communication and transport order and safety.
Article 47.-
Formulating plannings on building or rennovation of works which affect the
safety of railway works
Ministries, ministerial-level agencies, government-attached
agencies and provincial-level People's Committees, when formulating plannings
on building or renovation of works which affect the safety of railway works,
shall obtain the written consent of the Transport Ministry.
Chapter VII
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Article 48.- Determining
the time points and principles for handling of works which exist in the railway
land areas
1. Determination of time points:
a/ Works existing in railway land areas before
September 1, 1996, shall be handled under the provisions of Decree No. 120/CP
of August 12, 1963, of the Government Council, promulgating the Regulation on
railway scope and limits and railway communication and transport order and
safety;
b/ Works existing in railway land areas between
September 1, 1996, and December 31, 2005, shall be handled under the provisions
of the Government's Decree No. 3 9/CP of July 5, 1996, on maintenance of
railway traffic order and safety;
c/ Works existing in railway land areas from
January 1, 2006, on shall be handled under the provisions of the Railway Law.
2. Handling principles:
a/ To immediately dismantle works causing harms
to railway work safety, to railway communication and transport safety;
b/ To allow the temporary existence of works
which are considered not directly affecting the railway work safety or railway
communication and transport safety but the work owners must commit with local
administrations and railway infrastructure business enterprises not to expand
their works, not to develop works and immediately dismantle their works upon
the requests of competent state management bodies.
c/ Compensations and supports for owners of
dismantled works shall be as provided for by law.
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This Decree takes effect 15 days after its
publication in "CONG BAO"; replaces the Government's Decree No. 39/CP
of July 5, 1996, on maintenance of railway traffic order and safety, which was
amended and supplemented by the Government's Decree No. 76/1998/ND-CP of
September 26, 1998 (excluding Chapter VI of Decree No. 39/CP of July 5, 1996,
which will be replaced by another document of the Government).
Article 50.- Implementation
responsibility
Ministers, heads of ministerial-level agencies,
heads of government-attached agencies and presidents of provincial/municipal
People's Committees shall implement this Decree.