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THE MINISTRY OF
TRANSPORT OF VIETNAM
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No.
29/2023/TT-BGTVT
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Hanoi, September
29, 2023
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CIRCULAR
ON
RAILROAD CROSSINGS AND CONSTRUCTION LICENSE FOR ESSENTIAL STRUCTURES ON
RAILROAD GROUND
Pursuant to the Law on
Railroad dated June 16, 2017;
Pursuant to Decree No.
56/2022/ND-CP dated August 24, 2022 of the Government on functions, tasks,
powers, and organizational structures of Ministry of Transport;
At request of Director of
Transport Infrastructure Department and Director of Vietnam Railway
Administration;
The Minister of Transport
promulgates Circular on railroad crossings and construction license for
essential structures on railroad ground.
Chapter I
GENERAL PROVISIONS
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This Circular prescribes
railroad crossings (not including : railroad and road on road-rail bridges;
crossings between railroad and special-use road serving professional operations
of stations, terminals, cargo yards, factories, industrial parks); traffic at
railroad crossings; issuance, renewal of license to build, renovate, upgrade,
remove railroad crossings on national railroad, specialized railroad; issuance
and renewal of construction license for essential structures on railroad
ground.
Article 2. Regulated
entities
This Circular applies to
organizations and individuals related to:
1. Construction, renovation,
upgrade, destruction, management, use, and maintenance of railroad crossings.
2. Traffic activities at
railroad crossings.
3. Construction of essential
structures on railroad ground.
Article 3. Definitions
1. Public railroad crossing means
a road segment within national highway, provincial road, district road, commune
road, or urban road that crosses national railroad, specialized railroad on the
same level and is permitted by competent authority for construction and use.
2. Specialized railroad
crossing means a special-use road segment that crosses national railroad,
specialized railroad on the same level and is permitted by competent authority
for construction and use.
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4. Unattended railroad
crossing means a railroad crossing protected by automatic warning system or
warning signs.
5. Railroad crossing with
automatic warning means a railroad crossing protected by automatic warning
systems with or without automatic barriers.
6. Railroad crossing
with signs means a railroad crossing protected by warning signs.
7. Long-term railroad
crossing means a railroad crossing with unlimited service life from the date
on which competent authority grants permission.
8. Limited-term railroad
crossing means a railroad crossing that is used only in a limited time
permitted by the competent authority.
9. Railroad crossing barrier
means crossing gate, crossing barrier that is built, installed within the
vicinity of railroad crossing for the purpose of preventing humans, vehicles,
and other objects from crossing railroad in a definite period of time.
10. Road authority means
an agency exercising state management function affiliated with the Ministry of
Transport; authority affiliated with People’s Committees of provinces,
central-affiliated cities, People’s Committees of districts, communes,
town-level cities; People’s Committees of communes, wards.
11. Railroad crossing safety
devices mean system that serves to ensure traffic safety, prevent accidents
at railroad crossing, including: railroad crossing barrier; stationery posts
and fences; road markings, speed bumps, speed humps; railway and road traffic
signs; railroad crossing supervisory system; electric signal lights and bells;
railroad crossing warning signals, train stop signals and other relevant
equipment.
12. Speed hump means a
type of road marking whose thickness does not exceed 6 mm which serves to
inform vehicle operators (by causing mild discomfort on the vehicles) about
dangerous positions in order to reduce speed and pay attention.
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Chapter II
REGULATIONS ON RAILROAD CROSSING
Article 4. Radius and area
of railroad crossing
1. Radius of railroad crossings
shall be determined as follows:
a) Road segments, ground
serving road traffic within railroad traffic safety corridor and separation
distance of railroad structures.
b) Railroad segments and
railroad ground within road safety corridor.
2. Railroad crossing area
consists of:
a) Radius of railroad crossing;
b) Traffic safety corridor at
railroad crossing according to regulations on management and protection of
railroad traffic infrastructures.
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1. Classification of railroad
crossings
a) by useful life: long-term
railroad crossings; limited-term railroad crossings;
b) by guard arrangement:
attended railroad crossings; unattended railroad crossings;
c) by service: public railroad
crossings, specialized railroad crossings.
2. Railroad crossings shall be
classified into class I, class II, and class III in accordance with Appendix I
hereof.
Article 6. Location and
angle of railroad crossings
1. For built railroad
crossings:
a) Railroad crossings shall be
located on railroad segment with a straight profile. In case of extreme
difficulty where railroad crossing is located on a curved railroad segment,
railroad crossings shall only be located on segment with a minimum radius of
300 m and shall not be located on easement curve segment.
b) Railroad crossings shall be
at least 100 m away from openings of railway tunnels, bridge abutment.
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d) Railroad crossings shall be
located outside of signaling posts for station entry; at least 3,5 m away from
signaling posts for station entry;
dd) The angle created by
railway and road shall be perpendicular (90o); in case of
geographical restraint, this angle shall not be less than 45o while
still maintaining visibility according to regulations on management and
protection of railway infrastructures;
e) If built railroad crossing
does not meet at least one criterion under Points a through dd of this Clause,
project developers of railroad crossing construction project shall, upon
applying for approval of railroad crossing construction guidelines, clarify
requirements regarding premise, financial resources, ensure compliance with
planning approved by competent authority, and satisfy socio-economic
development of local government.
2. For existing railroad
crossings that have not met Point a, Point b, Point c, Point d, Point dd Clause
1 of this Article;
a) During operation and use,
railway infrastructure enterprises (for public railroad crossings on national
railway), owners of specialized railway (for public railroad crossings on
specialized railway), managers and users of railroad crossings (for specialized
railroad crossings), agencies according to decentralization and authorization
of People's Committees of provinces, and Vietnam Railway Administration shall
implement traffic safety measures at dangerous locations according to Article 9
of Decree No. 65/2018/ND-CP dated May 12, 2018 of the Government.
b) During renovation and
upgrade of railroad crossings, project developers shall prepare adequate
railroad crossing safety devices and gradually improve at least one technical
parameter of road in railroad crossings regarding profile, angle, and
longitudinal section.
Article 7. Railway in radius
of railroad crossings
1. Technical requirements:
Check rail or auxiliary
structures shall be required at railroad crossings so that the distance between
inside of primary rail and the check rail or the auxiliary structures
(hereinafter referred to as clearance) satisfies requirements below:
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b) Clearance width:
With respect to railroad cross
located on straight rail or curved rail whose radius is at least 500 m:
clearance width shall be 75 mm;
With respect to railroad
crossings located on curved rail whose radius is less than 500 m: clearance
width shall equal 75 mm + 1/2 of widening of the curved section according to
National Technical Regulation on railway operation;
c) Minimum clearance depth is
45 mm;
d) If road section inside of
the railway is made of asphalt concrete, check rail shall be required; check rail
elevation shall equal to that of primary rail;
dd) If road section inside of
the railway is made of slabs, edges of slabs that are adjacent to primary rail
shall be specifically designed to form clearance;
e) If check rail is installed
in accordance with Point a of this Clause, both ends of the rail shall curve
inwards; the length of curved ends of check rail shall be 500 mm, rail
clearance at the starting position of the curved section shall conform to Point
b of this Clause, rail clearance at the end position of the curved section
shall be 250 mm. The starting position and end position of check rail shall be
closely connected to sleepers;
g) Rail connection shall not be
located in the radius of railroad crossings. In case road at railroad crossing is
wide, rail connection shall be welded or stretched and clipped if it cannot be
welded yet;
h) Rail fastening accessories
shall be adequate and firmly connected.
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a) Sleepers located in railroad
crossings shall be reinforced concrete sleepers; the use of metal or wooden
sleepers in existing railroad crossings shall be limited; the use of metal and
wooden sleepers in new built railroad crossings shall be prohibited;
b) Ballast in railroad
crossings shall be clean, of sufficient thickness, and up to standards as per
the law;
c) Materials used in
installation of railroad crossings shall satisfy standards on materials used in
railroad structures.
Article 8. Requirements of
road segment of new built railroad crossings
With respect to new built
railroad crossings, road segment at railroad crossings shall satisfy technical
standards corresponding to road level and regulations below:
1. Plane: road segment from the
outer rail shall remain straight over a distance equal to at least vehicle
braking distance according to standards on automobile roads - design
requirements or at least 15 m in case of geographical constraints. With respect
to railroad crossings fitted with median strip, the minimum distance from the
edge of the outer rail to the end of the medium strip shall be 6 m.
2. Longitudinal section:
a) Road segment from the inside
of railway and outer edge of the rail shall have 0% slope for at least 16 m or
10 m in length in case of difficulties;
b) The subsequent road segment shall
have at most 3% slope for at least 20 m in length or at most 6% in case of
railroad crossings in mountainous regions or harsh terrains;
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3. Width of roadway in the
radius of railroad crossings shall not be lower than width of roadway outside
of the radius of railroad crossings and shall not be lower than 6 m. If roadway
extension is required in order to fulfill the minimum width of 6 m, width of
subsequent segment shall be tapered to the width of roadway outside of the
radius of railroad crossings at a ratio of 10:1. Minimum width of road
shoulders shall be sufficient for the placement of road traffic signs.
4. Adequate water drainage
system of the area shall be required in the radius of railroad crossings.
5. Speed bumps and speed humps
shall be installed in roadway in the radius of unattended railroad crossings to
enforce traffic safety. The placement of speed bumps and speed humps shall
conform to railroad crossing safety arrangement under Appendix II hereof. In
this case, road segment in the railway and from the edge of the outer rail
shall have 0% slope for at least 25 m in length.
6. If a separate road section
is built for pedestrian across railroad crossings, pedestrian road markings
shall be required from the edge of the outermost rail to vehicle stop marking
according to National Technical Regulations on road signals.
Article 9. Requirements of
road segment in railroad crossings in special circumstances
1. If an adjacent road branches
into a railway where the closest distance from the outermost rail to the road
is less than 15 m:
a) Prioritize expanding road
surface adjacent to railway to facilitate waiting lane in order to enable road
vehicles to observe before turning into and after turning out of railroad
crossings;
b) Minimum width of waiting
lane shall equal the width of a lane depending on road level. Expanded road
surface shall be situated outside of barriers between railway and road and
ensure safety for railway vehicles and road segment of railroad crossings. The
placement of waiting lane shall conform to Appendix III hereof;
c) Surface of road in the
radius of railroad crossings shall be raised or lower in order to ensure that
road segment from the outermost rail have 0% slope in at least 5 m in length;
subsequent road segment have up to 6% slope and satisfy technical requirements
and standards corresponding to road level.
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a) Road segment at railroad
crossings shall have high sloping gradient within the minimum radius of
dimensional limits according to National Technical Regulations on railway
operation;
b) The subsequent road segment
shall have 0% slope for at least 16 m in length or at least 10 m in length in
case of difficulties. The subsequent road segment shall have at most 3% slope
for at least 20 m in length or at most 6% slope in case of railroad crossings
in mountainous regions or harsh terrains.
3. If an existing railroad
crossings consists of one road crossing multiple railways: slope of road inside
the railway and road within a 1 m radius from the outermost rail shall conform
to the topmost point of each rail; subsequent road segment shall have slope
conforming to difference in elevation of the topmost points of the railways.
Article 10. Road surface
structure at railroad crossings
1. Road surface in railway and
from the outermost point of primary rail to the edge of radius of the railroad
crossing that is made from slabs or other structures shall ensure ease of
travel and be capable of supporting load corresponding to road level.
2. If slabs are employed, slabs
shall be placed from the outermost point of primary rail to at least all the
sleepers.
3. Road surface shall satisfy
technical standards corresponding to road surface structures. If reinforced
concrete slabs are employed, the slabs shall be firmly secured.
Article 11. Safety
arrangement of railroad crossings
1. In case of class I and class
II railroad crossings, attended personnel shall be required.
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a) Automatic warning system
shall be required if visibility is guaranteed at the site of railroad
crossings;
b) Attended personnel shall be
required if visibility is not guaranteed at the site of railroad crossings;
c) With respect to railroad
crossings where automatic warning system is installed and railroad crossing
where traffic signs are installed where visibility is not guaranteed at the
site of railroad crossings:
Railway infrastructure
enterprises shall take charge and cooperate with People’s Committees of
districts, road authority in inspecting and requesting the Vietnam Railway
Administration in arranging warning schemes at dangerous railroad crossings on
national railway in a manner conforming to principles of ensuring safe train
operation and traffic safety at railroad crossings and submitting reports on
implementation to the Ministry of Transport;
Enterprises providing
specialized railway shall take charge and cooperate with People’s Committees of
districts and road authority in inspecting and requesting owners of specialized
railway or owners or specialized road to organize warning schemes at dangerous
railroad crossings on specialized railway. If owners of specialized roads are
incapable of arranging warning schemes, the owners shall reach a written
agreement with specialized railway infrastructure enterprises regarding traffic
safety measures at the site of railroad crossings.
3. Maps of attended and
unattended railroad crossings are detailed under Appendix II hereof.
Article 12. Railroad
crossing guard posts
Railroad crossing guard posts
shall only be used to facilitate railroad crossing attendants performing guard
duty at railroad crossings and satisfy requirements below:
1. Guard posts shall be located
in areas where occupying attendants can easily observe both sides of road and
railway.
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3. Railroad crossing guard
posts shall include lavatories, be provided with power, clean water, electric
fan or air conditioners. New built railroad crossing guard posts shall have
minimum working area of 12 m2 and have sufficient area depending on number of
employees in a shift.
Article 13. Lighting at
railroad crossings
Attended railroad crossings
located in area powered by the national electric grid shall be fitted with
lights which will be turned on at night and during daytime if there is fog.
Lights shall be sufficient to allow railway vehicle operators and road vehicle
operators to see signals of railroad crossing attendants. Average illuminance
shall be 25 - 30 lx, light uniformity Emin/Etb shall not be lower than 0,5.
Article 14. Safety devices
of railroad crossings
1. Safety devices of railroad
crossings, upon being built or fitted to railroad crossings, shall:
a) comply with technical
regulations and standards applicable to each type of device;
b) be adequately arranged
depending on the type of railroad crossings, be inspected and maintained at
stable, safe operating conditions on a regular basis, be able to prevent
accidents through operation of railroad crossings.
2. All organizations and
individuals shall protect, not intentionally move, expropriate, damage, or
otherwise reduce effectiveness and operation of safety devices of railroad
crossings.
Article 15. Placement of
safety devices of railroad crossings
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a) Manually-operated crossings
barrier, crossing gates or electric-powered crossing barriers, crossing gates
which are manually controlled or automatic crossing barriers;
b) Stationary fences;
c) Road markings;
d) Railway and road signs;
dd) Lights, sirens, or loudspeakers;
e) Railroad crossing signals,
other than railroad crossings located within range of signals for station
entry, station exit, or signals of shunting yards, block signals for railway
with automatic rail closing device, or other safety signals when signals above
are less than 800 away from railroad crossings;
g) Railroad crossing
supervision system and other equipment relating to traffic safety assurance at
railroad crossings.
2. In case of unattended
railroad crossings:
a) Railroad crossings with
automatic warning:
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Stationary fences;
Road markings, speed humps,
speed bumps; train warning signs;
Railway and road signs;
Lights, sirens, or
loudspeakers;
Railroad crossing supervision
system and other equipment relating to traffic safety assurance at railroad
crossings.
b) Existing railroad crossings
with signs:
Posts;
Road markings, speed humps,
speed bumps; train warning signs, STOP (R122) signs in combination with
auxiliary signs that say “Dừng lại quan sát trước khi qua đường ngang” (Observe
before crossing);
Railway and road signs;
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Article 16. Posts and
stationary fences
1. Posts shall be installed on
both sides of road in the radius of railroad crossings as follows:
a) Posts shall be installed up
to the position where railroad crossing barriers are installed in case of
attended railroad crossings;
b) Posts shall be 2,5 m away
from the outermost rail in case of unattended railroad crossings;
b) Posts shall be 1,5 m away
from each other; each row shall consist of at least 6 posts; fences shall be
allowed as an alternatives for posts in dangerous roads.
2. With respect to attended
railroad crossings, stationary fences shall be installed on both sides of the
road anywhere between railroad crossing barriers and at least 2,5 m away from
railway in order to prevent people and road vehicles from entering railroad
crossings once railroad crossing barriers have been deployed.
3. Arrangement and dimensions
of posts, stationary fences shall conform to National Technical Regulations on
road signs.
4. If there are roads adjacent
to railroad crossings and railways requiring fences between road and railway in
the radius of railroad crossings, height of the fences shall ensure visibility
of road vehicle operators while moving through railroad crossings.
Article 17. Road markings,
speed humps, speed bumps on road in the radius of railroad crossings
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a) Vehicle stop markings;
b) Slow down markings;
c) Lane markings;
d) Railroad crossing markings;
e) Markings that read “STOP”
for railroad crossings with signs;
g) Other road markings
appropriate to characteristics of railroad crossings in order to improve
traffic safety at railroad crossings.
2. In case of railroad
crossings where adjacent road surface is limited for the purpose of road
markings under Clause 1 of this Article, road authority shall take charge and
cooperate with railway infrastructure enterprises in examining road in the
radius of railroad crossings in order to place road markings compliant with
National Technical Regulation on road markings, appropriate to practical conditions
and traffic safety.
3. Location of vehicle stop
markings:
a) Vehicle stop markings shall
be at least 5 m away from the nearest rail;
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c) If the road is perpendicular
to the railway, depending on surface conditions and road traffic frequency,
vehicle stop marking can be placed parallel to the railway.
4. The construction and
placement of speed bumps and speed humps shall conform to applicable regulations.
5. Arrangement and placement of
road markings shall conform to National Technical Regulations on road signals.
Article 18. Road and
railroad signs
1. In case of attended railroad
crossings:
a) Stop sign:
Stop signs shall not be placed
on railroad at railroad crossings if the railroad crossings have been fitted
with train stop signals or if the railroad crossings are within range of
station entry, exit signals, or signals of shunting yards, block signals for
railway with automatic rail closing devices, or other safety signals if the
signals above are less than 800 m away from railroad crossings;
For other cases, place stop
signs on railway on the side of railroad crossing guard posts, at least 3 m
away from the edge of the road to prevent trains from entering railroad
crossings if railroad crossing barriers have not been fully deployed;
b) Depending on the angle
created by railway and road, place either sign that reads “Nơi đường sắt giao
vuông góc với đường bộ” (Perpendicular road-railroad crossing) or sign that
reads “Nơi đường sắt giao không vuông góc với đường bộ” (Non-perpendicular
road-railroad crossing) on the road within the radius of railroad crossings
leading up to the railroad crossings;
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2. In case of unattended
railroad crossings, in addition t o signs under Point b Clause 1 of this
Article, the following signs shall be required:
a) Sign that reads “Giao nhau
với đường sắt có rào chắn” (Crossing railroad with fences) for railroad
crossings with automatic crossing barriers or sign that reads “Giao nhau với
đường sắt không có rào chắn” (Crossing without fences) for railroad crossings
without automatic crossing barriers on road outside of the radius of railroad
crossings leading to railroad crossings;
b) Sign that reads “Dừng lại”
(stop) on road in the radius of railroad crossings leading up to the railroad
crossings in case of railroad crossings with signs.
3. Sign that reads “Kéo còi”
(Whistle) shall be placed on both sides of railway leading up to the railroad
crossings.
4. Dimension, format, and
placement of road and railway signs shall conform to National Technical
Regulations on road signs and National Technical Regulations on railway signs.
Article 19. Electric signal
lights, bells, loudspeakers
1. Signal lights, bells, or
loudspeakers (except for cases where a road intersecting a road adjacent to
railway) shall be placed before railroad crossing barriers (or integrated with
crossing posts) or at least 6 m away from the outermost rail. In all cases,
signal lights shall be located in unobstructed areas. b
2. Requirements of signals:
a) Signal lights shall consist
of two red lights next to each other which take turn blinking when turned on.
If a train is approaching, signal lights shall be turned on, people and
vehicles shall be prohibited from crossing. When the train has passed the railroad
crossing and crossing barriers have been fully lifted and signal lights have
been turned off, traffic at the railroad crossing shall return to normal.
Signal lights shall be additionally installed on gantries for four-lane roads
or wider or in areas with obstructed visibility;
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c) Lighting intensity and
angle: light and lighting angle of signal lights shall be sufficient to allow
road vehicle operators to see the signal from at least 100 m; red light emitted
by signal lights shall not be directed towards the railway.
3. Requirements of electric
bells or loudspeakers:
a) Bells or loudspeakers shall
sound when trains approach railroad crossings for at least 60 seconds in case
of automatic signals (for railroad crossings fitted with automatic signals); 90
seconds in case of automatic crossings and non-automatic crossing barriers; and
120 seconds in case of non-automatic signals;
b) With respect to attended
railroad crossings, bells or loudspeakers shall be turned off when crossing
barriers are fully deployed;
c) When bells and loudspeakers
sound, volume measured at 15 m away, 1,2 m high from the ground shall range
from 90 dB to 115 dB enable vehicle operators to listen clearly.
4. Layout maps of signal lights
and electric bells or loudspeakers shall conform to Appendix IV hereof.
Article 20. Train stop
signaling posts
1. Location of train stop
signaling posts on railway:
a) Train stop signaling posts
shall be from 100 m to 500 m away from railroad crossings (from road shoulder
on the same side). If there are multiple attended railroad crossings nearby and
distance between two railroad crossings is less than 500 m; train stop signaling
posts shall be located on both ends of an area where the railroad crossings are
located;
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2. Minimum visibility of train
stop signals shall be 800 m. In case of geographical constraints, minimum
visibility of railroad crossing signals posts shall be 400 m.
3. Operation of railroad
crossing signals:
a) Train stop signals shall be
red in color and, when turned on, shall require trains to stop;
b) If train stop signals is not
turned on, trains operate normally. In case of obstacles on railroad crossings
that affect traffic safety, railroad crossing attendants shall switch train
stop signals to red;
c) Attended railroad crossings
fitted with automatic rail closing devices shall be required to include
equipment that allows railroad crossing attendants to promptly change the
nearest train stop signals to red in case of obstruction to traffic safety at
railroad crossings.
Article 21. Equipment of
railroad crossing guard posts
1. Railroad crossing guard
posts shall be required to include equipment below:
a) Telephone for contact with
standby station personnel;
b) Equipment for controlling
road signals;
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d) Equipment for automatically
informing railroad crossing attendants of approaching trains;
dd) Equipment for controlling
crossing barriers for cases under Clause 3 Article 23 hereof;
e) Equipment capable of
recording and storing communication between station dispatchers and railroad
crossing attendants;
g) Clocks.
2. Equipment under Clause 1 of
this Article shall be ready for normal operation.
3. In regard to railroad
crossings of specialized railway and railroad crossings whose useful life is
less than 12 months, the placement of equipment at railroad crossing guard
posts shall be decided by competent authority granting construction permission
as well as railroad crossing attendants are adequately informed of incoming
trains in order to close crossing barriers and prevent traffic accidents.
Article 22. Electric-powered
signaling devices and safety devices
1. In case of attended railroad
crossings:
a) Electric-powered signaling
devices and safety devices shall be jointly controlled at railroad crossing
guard posts;
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2. In case of railroad
crossings with automatic warning:
a) Road-side automatic signals
shall provide clear and timely signals regarding the status of crossing
barriers in all weather conditions;
b) If the devices are defective
or otherwise unable to flash in sequence, railway infrastructure enterprises or
managers, users of railroad crossings shall promptly repair and restore as soon
as possible. At the same time, safety of railroad crossings shall be achieved
by warning signals (flashing yellow lights) on road side and railroad crossing
watchers;
c) Operation of devices at
railroad crossings with automatic warning schemes shall be monitored and
supervised on a regular, continuous basis via supervision system installed at
railroad crossings with automatic warning schemes.
Article 23. Attended
crossing barriers
1. Roads on both sides of
railway in the radius of railroad crossings shall be fitted with crossing
barriers to prevent road vehicles and road users from entering the railway when
trains are approaching. Crossing barriers shall be at least 4 m away from the
outermost rail. In case of geographical constraints, crossing barriers shall be
placed in a manner not violating dimensional limits of railroad structures
according to National Technical Regulation on railroad operation.
2. Crossing barriers on each
side of railway shall be moved into railroad crossings from right to left when
looking from outside of the crossings. If there are multiple crossing barriers
to be closed, the rightmost barriers when looking from outside of the crossings
shall be moved in first and followed by other barriers. Crossing barriers shall
block an entire road width on each side once they have been fully deployed.
3. Crossing barriers can be
fitted with electric motor to assist crossing barrier attendants in closing,
opening barriers; manually-operated electric-powered boom barriers or automatic
boom barriers are also allowed.
4. Crossing barrier deployment
time:
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b) Crossing barriers shall not
be closed more than 3 minutes in case of class I, class II railroad crossings
and not more than 5 minutes in case of class III railroad crossings before
trains approach railroad crossings; except railroad crossings whose crossing
barriers are in normally closed state.
Article 24. Crossing barrier
with automatic warning
1. In case of roads on both
sides of railway in the radius of railroad crossing with automatic warning that
are fitted with automatic crossing barriers, the automatic crossing barriers
shall be at least 4 m away from the outermost rail. In case of geographical
constraints, crossing barriers shall be placed in a manner not violating
dimensional limits of railroad structures according to National Technical
Regulation on railroad operation.
2. Barriers shall cover at most
1/2 or 2/3 of the road width as long as the remaining unobstructed road section
is at least 3 m in width and on the left of lane leading up to railroad
crossings.
3. Automatic barrier mechanisms
and devices shall operate in the order below:
a) When a train approaches
railroad crossings, red light signal on road and red light on boom barrier
shall be automatically turned on, bells or loudspeaker shall automatically be
activated; after 7 to 8 seconds, boom barrier starts to be lowered;
b) When the train clears of
railroad crossings, boom barrier shall automatically lift, lights on boom
barrier and road signal shall be automatically turned off when boom barrier is
fully open.
4. Deployment time: roads on
both side of railway leading up to railroad crossings shall be entirely closed
at least 40 seconds before trains reach the railroad crossings.
Article 25. Requirements of
sign placement when roads are adjacent to and branching into railway
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a) Depending on angle created
by the branching segment and railroad crossings, place either a sign that reads
“Nơi đường sắt giao vuông góc với đường bộ” (Perpendicular road-railroad
crossing) or a sign that reads “Nơi đường sắt giao không vuông góc với đường
bộ” (Non-perpendicular road-railroad crossing) on the side two junctions
adjacent to the junction branching to railroad crossings;
b) Depending on safety measures
of railroad crossings, either a sign that reads “Giao nhau với đường sắt có rào
chắn” (Crossing railroad with fences) or a sign that reads “Giao nhau với đường
sắt không có rào chắn” (Crossing without fences) on the right side of roads
adjacent to railway. Signs shall be 40 m to 240 m away from the branching
points.
2. If length of branching
segment leading up to railway is 10 m to 75 m:
a) Depending on angle created
by the branching segment and railroad crossings, place either a sign that reads
“Nơi đường sắt giao vuông góc với đường bộ” (Perpendicular road-railroad crossing)
or a sign that reads “Nơi đường sắt giao không vuông góc với đường bộ”
(Non-perpendicular road-railroad crossing) on the right side of branching
section and 10 m away from the outermost rail;
b) Depending on safety measures
of railroad crossings, place either a sign that reads “Giao nhau với đường sắt
có rào chắn” (Crossing railroad with fences) or a sign that reads “Giao nhau
với đường sắt không có rào chắn” (Crossing without fences) on right side of
roads adjacent to railway and 10 m to 200 m away from branching points.
3. If length of branching
segment leading up to railway is longer than 75 m, place signs in accordance
with Article 18 hereof.
4. Surface of signs mentioned
under Clause 1 and Point b Clause 2 of this Article shall be perpendicular to
the direction of traffic on road adjacent to railway and unobstructed.
5. Location of signs mentioned
under Clause 1 and Clause 2 of this Article shall conform to Section C of
Appendix II hereof.
Article 26. Road signal
lights when road junctions are branching into railroad crossings and less than
75 m away from railroad crossings
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1. Install signal lights to
coordinate traffic entering railroad crossings.
2. When road signal light in
railroad crossings is turned on, signal light on road adjacent to railway and
branching into railroad crossings shall display in a manner corresponding road
signal lights at railroad crossings; in this case, construction of waiting lane
is recommended on road adjacent to railway.
3. In order to display in
accordance with Clause 1 and Clause 2 of this Article, establish connection
between road traffic light and road traffic light at railroad crossings.
Article 27. Sign placement
on railroad crossings when road intersecting with both railway and road
adjacent to railway
If a road intersecting with
both railway and road adjacent to the railway, sign placement on the road shall
conform to regulations below:
1. If a road enters railroad
crossings without first intersecting with another road, conform to Article 18
hereof.
2. If a roads first intersects
with another road then enters railroad crossings, conform to Article 25 hereof.
Article 28. Instruments,
equipment, and attendants of railroad crossings
1. Railroad crossings shall be
adequately equipped with instruments and equipment as per the law.
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3. Assignment of personnel at
railroad crossings shall conform to labor laws, adhere to management
activities, ensure prompt and accurate closing and opening of crossing barrier,
and ensure traffic safety at railroad crossings.
Article 29. Railroad
crossing dossiers
Railroad crossing dossiers
consist of:
1. Dossiers of each railroad
crossing:
a) As-built dossiers of
railroad crossing and other structures whose construction has been permitted in
the radius of railroad crossing according to construction laws. In case of
inadequate as-built dossiers, entities under Article 58, Article 59, and
Article 60 hereof shall be responsible for producing dossiers on current
railroad crossing conditions;
b) Construction license of
railroad crossings, decisions bringing railroad crossings into use;
c) Schedule on technical status
and background information of railroad crossings;
d) Documents on traffic safety
corridors at railroad crossings according to regulations on management and
protection of railroad infrastructures, including structures and obstacles
obstructing vision;
dd) Railroad crossing logs for
monitoring operation of: Railroad crossings, railroad crossing equipment, and
signaling system;
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2. Schedules on statistics of
railroad crossings of each railway line in commune, district, province are
specified under Appendix V hereof and posted on website of Vietnam Railway
Administration, enterprises providing railroad infrastructures, owners of
railroad crossings.
Article 30. Railroad
crossing management
1. Produce, update, store
railroad crossing dossiers in accordance with Article 29 hereof; update
railroad crossing dossiers on database of information system.
2. Examine and maintain
operation of railroad crossings in order to maintain traffic safety according
to documents approved by competent authority.
3. Organize and implement
railroad crossing safety measures in accordance with this Circular.
4. Manage and protect railroad
crossing property, traffic safety corridor at railroad crossings as per the
law.
5. In regard to railroad
crossings whose construction license or decision bringing railroad crossings
into use is missing:
a) In case of railroad
crossings on national railway: Owners of specialized railroad crossings shall
produce documents on current conditions of railroad crossings and send to
Vietnam Railway Administration for eligibility for further operation of
railroad crossings;
b) In case of public railroad
crossings on specialized railway related to national highway: Organizations
managing, using, operating railroad crossings shall produce documents on
current conditions of railroad crossings and send to Directorate for Road of
Vietnam for eligibility for further operation of railroad crossings;
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Article 31. Road traffic in
the radius of railroad crossings
Road users shall, upon crossing
railroad crossings, comply with road and railway traffic laws and:
1. Yield to railway vehicles.
2. Comply with signals of
railroad crossing attendants and signs in the radius of railroad crossings.
3. Stop to the right of
direction of traffic in front of stop marking (including priority vehicles)
when stop signal is sent (in form of flashing red lights), red flags, red
signs, horns, bells, or loudspeakers are ringing, crossing barriers are being
moved or are already closed, railroad crossing attendants give stop orders.
4. Unauthorized individuals are
not allowed to open crossing barriers that have been closed.
5. In regard to railroad
crossings with signs, road users shall stop in front of stop lines, listen to
train horns, pay attention to any incoming train from both sides and only
proceed if they are certain that there are no incoming trains and be liable if
they cause accidents.
Article 32. Stopping,
parking in the radius of railroad crossings
1. Do not turn around, stop, or
park between two “Dừng lại” (Stop) lines at railroad crossings.
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If the nearest point of
vehicles or cargos is less than 1,75 m away from the outermost point of the
rail, vehicle operators shall take measures to inform the train to stop before
hitting the obstacles and immediately bring vehicles and cargos outside of 1,75
m radius from the outermost point of the rail. Measures for stopping trains
before hitting the obstacles are specified under Appendix VI hereof.
Article 33. Operation of
overloaded vehicles, oversized vehicles, and tracked vehicles in railroad
crossings
1. Vehicle operators shall
comply with road and railway traffic laws and eligibility for vehicle operation
within vehicle operation permit issued by competent authority.
2. Prior to moving past
railroad crossings, vehicle operators shall take measures to ensure safety of
railroad crossings, railway traffic safety and inform railroad crossing
attendants for guidance and assistance.
Article 34. People herding
livestock in railroad crossings
1. Prior to herding livestock
across attended railroad crossings, herders shall contact railroad crossings
attendants to learn train schedule and receive instructions.
2. Prior to heading livestock
across unattended railroad crossings, herders shall observe for railway
vehicles approaching railroad crossings and only herd livestock across railroad
crossings if safety is met.
3. Herders shall herd their
livestock on the right side of the road. Herders shall be entirely liable if
accident occurs as a result of failure to comply with traffic rules at railroad
crossings according to this Circular.
Article 35 People operating
trains in railroad crossings
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Article 36. Stopping,
parking trains within the radius of railroad crossings
1. If trains must be stopped
and/or parked on railroad crossings, shunted, assembled, disassembled, train
conductors or operators (if trains are running on railway), station masters or
station dispatchers (if trains are in stations) shall take all measures to resolve
traffic congestion.
2. If trains must be parked on
railroad crossings, parking duration shall not exceed 3 minutes in case of
class I and class II railroad crossings and 5 minutes in case of class III
railroad crossings except for railroad crossings according to regulations on
resolving railway incidents, accidents and analysis, statistic reports on
railway incidents and accidents.
Article 37. Conditions for
construction, renovation, and upgrade of railroad crossings
1. Organizations requesting
construction, renovation, and upgrade of railroad crossings shall guarantee
funding sources for renovation and upgrade of railroad crossings as per the
law.
2. Competent authority entitled
to deciding on railroad crossing construction projects shall identify funding
sources for management, maintenance, and safety measures of railroad crossings.
3. With respect to limited-use
railroad crossings, in addition to conditions under Clause 1 and Clause 2 of
this Article, construction, renovation, and upgrade of railroad crossings shall
also require that:
a) Use purpose of railroad
crossings conforms to temporary traffic arrangement approved by competent
authority;
b) Use period of railroad
crossings does not exceed 24 months;
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4. With respect to public
railroad crossings on national railroad crossings with long-term useful life
invested using state funding, when construction of railroad crossings is
finished, project developers shall transfer railroad crossings to the Ministry
of Transport for management, maintenance, and operation as per the law. With
respect to railroad crossings built using other funding sources, organizations
requesting construction of railroad crossings shall guarantee funding for
management, maintenance, and safety measures of railroad crossings.
Article 38. Conditions for
railroad crossing removal
1. Railroad crossings shall be
removed if any of the two conditions below is met:
a) Useful life of railroad
under license issued by competent authority expires;
b) Railroad crossing is no
longer used.
2. When removing public
railroad crossings with long-term useful life, organizations requesting removal
of railroad crossings shall produce alternative traffic arrangement.
3. Funding sources for railroad
crossing removal:
a) Organizations requesting
removal of railroad crossings shall guarantee funding sources for removal and
return railway segment in the radius of railroad crossings to original
conditions as per the law;
b) Competent authority deciding
on removal of railroad crossings shall identify funding sources for removal of
railroad crossings.
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REGULATIONS ON CONSTRUCTION LICENSE ISSUANCE, RENEWAL,
AND REVOCATION, RAILROAD CROSSING REMOVAL
Article 39. Structures
eligible for license
1. Structures under Point b
Clause 2 Article 12 of the Law on Railway and regulations on management,
protection of railway infrastructures, including:
a) Structures serving national
defense and security;
b) Traffic structures: bridges,
overpasses, tunnels;
c) Irrigation structures:
sewers, embankments; water transport and distribution system;
d) Energy structures: electric
poles, power lines;
dd) Technical infrastructures:
water supply and drainage pipes, telecommunication pipes, gasoline pipes, oil
pipes, gas pipes, energy pipes, chemical pipes.
2. Structures serving railroad
crossings, renovation, and upgrade of railroad crossings according to Article
37 hereof.
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4. New construction license
shall not be issued for railroad crossings with signs on national railway.
Article 40. Rules for
issuing, renewing construction license
1. Construction license shall
only be issued to structures under Article 39 hereof.
2. Structures to which
construction license is issued shall:
a) conform to planning approved
by competent authority or conform to agreement of People’s Committees of
districts or higher regarding structure location;
b) ensure structure scale and
design dossiers approved by competent authority;
c) adhere to technical
regulations and standards applied;
d) ensure structure safety,
railway traffic safety, environmental protection, and fire safety.
3. Construction duration of
structures to which construction license is issued shall adhere to overall
schedule of projects approved by competent authority.
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5. Structures to which
construction license is issued shall promptly be relocated at request of
competent authority.
6. Construction license shall
only be renewed if it has not expired.
7. Structures exempt from
construction license requirement:
a) Structures serving
renovation, upgrade, and repair of railroad crossings, railway structures on
national railway where execution plan is approved by competent authority;
b) Structures serving repair of
railroad crossings where design plan does not alter railroad crossing class,
safety devices of railroad crossings, and width of road surface in railroad
crossings.
Article 41. Entitlement to
issuing, renewing, revoking, cancelling license to build, renovate, upgrade
railroad crossings; deciding removal of railroad crossings
1. The Vietnam Railway
Administration shall:
a) issue, renew, revoke, cancel
license to build, renovate, upgrade railroad crossings on national railway;
b) decide on removal of
railroad crossings on national railway.
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a) issue, renew, revoke, cancel
license to build, renovate, upgrade railroad crossings on specialized railway
related to national highway;
d) decide on removal of
railroad crossings on specialized railway related to national highway.
3. Agencies decentralized,
authorized by People’s Committees of provinces shall:
a) issue, renew, revoke, cancel
license to build, renovate, upgrade railroad crossings on specialized railway
related to provincial roads, district roads, commune roads, local roads, and
specialized road under their management;
b) decide on removal of
railroad crossings on specialized railway related to provincial roads, district
roads, commune roads, local roads, and specialized roads under their
management.
Article 42. Request for
license to build, renovate, upgrade railroad crossings
Request for license to build,
renovate, upgrade railroad crossings consists of:
1. Written request under
Appendix VII hereof.
2. Original copies or certified
true copies or copies and original copies or legitimate electronic copies (when
administrative procedures are adopted electronically) of:
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b) Decision approving technical
design or construction drawing design of railroad crossings;
c) Approved technical design or
construction drawing design of railroad crossings;
d) Railroad crossing
construction plan and traffic safety measures during construction approved by
competent authority or accepted by project developers.
Article 43. Procedures for
issuing license to build, renovate, and upgrade railroad crossings
1. Project developers, managers
and users of railroad crossings that wish to build, renovate, or upgrade
railroad crossings shall submit registration directly or via post service or
electronically to competent authority under Article 41 hereof.
2. In case of direct
submission, competent authority under Article 41 hereof shall respond regarding
composition of registration documents in the same working day.
3. In case of submission via
post service or electronic medium, if registration documents are inadequate,
competent authority under Article 41 hereof shall provide guidelines on
completion of registration documents within 2 working days.
4. Within 2 working days from
the date on which adequate registration documents are received, competent
authority shall send the registration documents to relevant entities to
consult:
a) Railway infrastructure
enterprises and road authority (if needed) for railroad crossings on national
railway;
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5. Within 5 working days from
the date on which competent authority send request for remarks, requested
agencies and organizations shall respond in writing. If requested agencies and
organizations fail to respond within the time limit mentioned above, they shall
be considered to approve registration documents and shall be held liable for
failure to respond in a timely manner.
6. Document processing time
limit: 10 working days from the date on which adequate documents are received.
7. License to build, renovate,
and upgrade railroad crossings shall conform to form under Appendix VIII
hereof. If registration is rejected, a written response stating reason for
rejection shall be required.
8. In case of submission on
electronic medium, project developers, managers and users of railroad crossings
that wish to build, renovate, and upgrade railroad crossings shall produce
registration documents containing photocopies of documents under Article 42
hereof and follow instructions on https://dichvucong.mt.gov.vn.
Article 44. Request for
removal of railroad crossings
Request for removal of railroad
crossings consists of:
1. Written request under
Appendix IX hereof.
2. Original copies or certified
true copies or copies and original copies or legitimate electronic copies (when
administrative procedures are adopted electronically) of:
a) Commissioning record of
structures, work items for overpass, tunnels, or other railroad crossings
acting as alternatives for railroad crossings requested for removal; or
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Article 45. Procedures for
removing railroad crossings
1. Project developers, managers
and users of railroad crossings that wish to remove railroad crossings shall
submit registration directly or via post service or electronically to competent
authority under Article 41 hereof.
2. In case of direct
submission, competent authority under Article 41 hereof shall respond regarding
composition of registration documents in the same working day.
3. In case of submission via
post service or electronic medium, if registration documents are inadequate,
competent authority under Article 41 hereof shall provide guidelines on
completion of registration documents within 2 working days.
4. Within 2 working days from
the date on which adequate registration documents are received, competent
authority shall send the registration documents to relevant entities to
consult:
a) Railway infrastructure
enterprises and road authority (if needed) for railroad crossings on national
railway;
b) Owners of specialized
railway and road authority (if needed) for railroad crossings on specialized
railway.
5. Within the first 5 working
days from the date on which competent authority sends request for remarks,
requested agencies and organizations shall respond in writing If requested
agencies and organizations fail to respond within the time limit mentioned
above, they shall be considered to approve registration documents and shall be
held liable for failure to respond in a timely manner.
6. Document processing time
limit: 07 working days from the date on which adequate documents are received.
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8. In case of submission on
electronic medium, project developers, managers and users of railroad crossings
that wish to remove railroad crossings shall produce registration documents containing
photocopies of documents under Article 44 hereof and follow instructions on
https://dichvucong.mt.gov.vn.
Article 46. Request for
renewal of license to build, renovate, upgrade railroad crossings
Request for renewal of license
to build, renovate, upgrade railroad crossings consists of:
1. Written request using form
under Appendix XI hereof.
2. Original copies or certified
true copies or copies and original copies or legitimate electronic copies (when
administrative procedures are adopted electronically) of:
a) General project schedule
approved by competent authority;
b) Documents proving reason for
renewal such as:
Record of transfer of railroad
crossing construction, renovation, upgrade premise for difficulties regarding
construction premise; or
Damage verification records
between project developers and construction contractors in case natural
disasters, emergencies affect railroad crossing construction, renovation,
upgrade schedule; or
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Article 47. Procedures for
renewing license to build, renovate, and upgrade railroad crossings
1. Project developers, managers
and users of railroad crossings that wish to renew license to build, renovate,
or upgrade railroad crossings shall submit registration directly or via post
service or electronically to competent authority under Article 41 hereof.
2. In case of direct
submission, competent authority under Article 41 hereof shall respond regarding
composition of registration documents in the same working day.
3. In case of submission via
post service or electronic medium, if registration documents are inadequate,
competent authority under Article 41 hereof shall provide guidelines on
completion of registration documents within 2 working days.
4. Document processing time
limit: 03 working days from the date on which adequate documents are received.
5. Decision on renewal of
license of build railroad crossings shall use form under Appendix XII hereof.
If this decision is not issued, a written response state the reason shall be
required.
6. In case of submission on
electronic medium, project developers, managers and users of railroad crossings
that wish to renew license to build, renovate, and upgrade railroad crossings
shall produce registration documents containing photocopies of documents under
Article 46 hereof and following instructions on https://dichvucong.mt.gov.vn.
7. Each license shall only be
renewed once and for no more than 12 months; renewed license shall not last
longer than project execution schedule approved by competent authority.
Article 48. Entitlement to
issuing, renewing, revoking, cancelling of construction license for essential
structures on land for railway
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2. Agencies decentralized,
authorized by People’s Committees of provinces shall issue, renew, revoke, and
cancel license to build essential structures on land for urban railway.
Article 49. Request for
license to build essential structures on land for railway
Request for license to build
essential structures on land for railway consists of:
1. Request form under Appendix
XIII hereof.
2. Original copies or certified
true copies or copies and original copies or legitimate electronic copies (when
administrative procedures are adopted electronically) of:
a) Decision approving project
or document assigning tasks to project developers;
b) Decision approving technical
design or technical drawing design; photos of current condition (for
renovating, upgrading structures);
c) Approved technical design or
construction drawing design;
d) Legislative documents of
competent authority deeming that the structures cannot be placed outside of
land for railway: Decision approving planning or agreement of People’s
Committees of districts or higher relating to construction of structures on
land for railway;
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e) Construction plans, traffic
safety measures, structure safety measures.
Article 50. Procedures for
issuing license to build essential structures on land for railway
1. Project developers that wish
to build on land for railway shall produce written request and submit directly
or via post service or electronically to competent authority under Article 48
hereof.
2. In case of direct
submission, competent authority under Article 48 hereof shall respond regarding
composition of registration documents in the same working day.
3. In case of submission via
post service or electronic medium, if registration documents are inadequate,
competent authority under Article 48 hereof shall provide guidelines on
completion of registration documents within 2 working days.
4. Within 2 working days from
the date on which adequate registration documents are received, competent
authority shall send the registration documents to relevant entities to
consult:
a) Railway infrastructure
enterprises when building on land for national railway;
b) Enterprises providing urban
railway services and specialized authority according to decentralization of
People’s Committees of provinces when building on land for urban railway.
5. Within 5 working days from
the date on which competent authority send request for remarks, requested
agencies and organizations shall respond in writing. If requested agencies and
organizations fail to respond within the time limit mentioned above, they shall
be considered to approve registration documents and shall be held liable for
failure to respond in a timely manner.
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7. License to build shall use
form under Appendix XIV hereof. If this decision is not issued, a written
response state the reason shall be required.
8. In case of submission on
electronic medium, project developers that wish to build essential structures
on land for railway shall produce registration documents containing photocopies
of documents under Article 49 hereof and follow instructions on https://dichvucong.mt.gov.vn.
9. Owners of specialized
railroad shall decide on procedures for issuing license to build on land for
specialized railroad.
Article 51. Request for
renewal of license to build essential structures on land for railway
Request for renewal of license
to build essential structures on land for railway consists of:
1. Written request using form
under Appendix XV hereof.
2. Original copies or certified
true copies or copies and original copies or legitimate electronic copies (when
administrative procedures are adopted electronically) of:
a) General project schedule
approved by competent authority;
b) Documents proving reason for
renewal such as:
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Records of damage between
project developers and construction contractors in case natural disasters or
emergencies affect construction schedule;
Decision on revision to project
investment guidelines or decision on revision to construction investment
program, project in case project revision affects construction schedule.
Article 52. Procedures for
renewing license to build essential structures in land for railway
1. If construction schedule
under license to build expires before the structure is completely built,
project developers shall produce written request and submit directly or via
post service or electronically to competent authority under Article 48 hereof.
2. In case of direct
submission, competent authority under Article 48 hereof shall respond regarding
composition of registration documents in the same working day.
3. In case of submission via
post service or electronic medium, if registration documents are inadequate,
competent authority under Article 48 hereof shall provide guidelines on
completion of registration documents within 2 working days.
4. Document processing time
limit: 03 working days from the date on which adequate documents are received.
5. Decision on renewal of
license to build shall use form under Appendix XVI hereof. If this decision is
not issued, a written response state the reason shall be required.
6. In case of submission on
electronic medium, project developers that wish to renew license to build
essential structures on land for railway shall produce registration documents
containing photocopies of documents under Article 51 hereof and follow
instructions on https://dichvucong.mt.gov.vn.
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8. Owners of specialized
railroad shall decide on procedures for issuing license to build on land for
specialized railroad.
Article 53. Revocation and
cancellation of license to build, renovate, upgrade railroad crossings and
license to build on land for railway
1. Cases where license to
build, renovate, upgrade railroad crossings; license to build on land for
railway (hereinafter collectively referred to as “license”) are revoked:
a) The license is not issued in
a law-compliant manner;
b) Project developers fail to
organize construction or execute construction in a manner compliant with their
license. Project developers then fail to rectify the violations according to
request of competent authority in a period equivalent to 1/3 of construction
schedule in the license from the date on which competent authority discovers
the violations;
c) Project developers violate
regulations on management, protection of railway traffic infrastructure,
railway traffic safety, and environmental protection at construction sites;
d) Project developers fail to
initiate construction process within 12 months from the date on which they
obtain license.
2. After 10 working days from
the date on which decision on license revocation is issued, competent authority
under Article 41 and Article 48 hereof shall promulgate decision declaring
cancellation of the license while notifying agencies, entities related to
license compliance.
Chapter IV
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Article 54. Responsibilities
of Vietnam Railway Administration
1. Exercise responsibilities of
railway authority in managing railroad crossings on national railway and
construction on land for national railway.
2. Organize inspection,
supervision of management, maintenance, and protection of railroad crossings
implemented by railway infrastructure enterprises for railroad crossings on
national railway according to this Circular.
Article 55. Responsibilities
of Directorate for Road of Vietnam
In regard to public railroad
crossings on specialized railway related to national highway:
1. Manage and maintain
operation of road structures outside of radius of railroad crossings;
visibility of road vehicle operators.
2. Organize inspection,
supervision of management, maintenance, and protection of railroad crossings
implemented by owners of specialized railway for railroad crossings on national
railway according to this Circular.
Article 56. Responsibilities
of local road authority
1. Comply with decentralization
and authorization of People’s Committees of provinces in regard to public
railroad crossings on specialized railway related to provincial roads, district
roads, commune roads, urban roads under their management in:
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b) Cooperate with railway
infrastructure enterprises or managers, users of specialized railway, local
governments in removing railroad crossings that lack building license;
2. Manage, maintain operation
of road structures outside of railroad crossing radius; visibility of road
vehicle operators for public railroad crossings related to provincial roads,
district roads, commune roads, and local roads under their management.
Article 57. Responsibilities
of People’s Committees of all levels
1. Educate the general public;
prevent, deter, and promptly take actions against violations of railway traffic
safety corridor.
2. Manage land within railway
traffic safety corridors and traffic safety corridors at railroad crossings
according to railway laws.
3. Cooperate with road
authority, railway infrastructure enterprises, managers and users of railroad
crossings in:
a) inspecting railroad
crossings in order to request competent authority to renovate, upgrade, or
remove railroad crossings in accordance with this Circular;
b) proposing safety measures
for public railroad crossings conforming to this Circular.
4. Take charge and cooperate
with Vietnam Railway Administration, Directorate for Road of Vietnam, railway
infrastructure enterprises, managers, users of railroad crossings, local road
authority in clearing traffic safety corridors at railroad crossings.
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1. Within 5 working days from
the date on which commissioning of public railroad crossings, specialized
railroad crossings on national railway is conducted, national railway
infrastructure enterprises shall receive the structures and introduce railroad
crossings into use.
2. Manage, maintain, and retain
operation of public railroad crossings on national railway in accordance with
Clause 1, Clause 2, Clause 3, and Clause 4 Article 30 hereof.
3. Allocate railroad crossing
attendants for public railroad on national railway according to approved
national railway infrastructure maintenance plan.
4. On an annual basis, take
charge and cooperate with road authority and local government in inspecting,
producing repair plan for public railroad crossings on national railway and
request competent authority to renovate, improve, upgrade railroad crossings or
alter safety devices of public railroad crossings on national railway in
accordance with this Circular.
5. Regularly inspect, detect,
promptly propose and cooperate with local government in clearing traffic safety
corridors at railroad crossings on national railway.
6. Take charge and cooperate
with local government in improving traffic safety at dangerous public railroad
crossings on national railway.
7. Produce dossiers on public
railroad crossings on national railway in accordance with Article 29 hereof.
8. Request project developers,
constructing entities of railroad crossings, essential structures built on land
for national railway to comply with their license, structure safety measures,
traffic safety measures, and environmental protection during construction
process. If there are safety risks found during construction process, request
project developers to temporarily suspend construction process to rectify;
report to licensing authority as per the law.
9. Transfer construction
premise, participate in commissioning of railroad crossing construction,
construction on land for national railway, receive as-built dossiers for
management and maintenance as per the law.
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11. Take charge and cooperate
with managers, users of railroad crossings and local government in barricading,
removing railroad crossings, and returning railway infrastructures after
decision on railroad crossing removal is issued.
12. Comply with reporting
regulations:
a) Report name: Statistical
report on railroad crossings and construction on land for railway;
b) Reports shall include: The
use, operation, protection of railroad crossings, dossiers on railroad crossing
under this Circular for railroad crossings on national railway; construction on
land for national railway; propositions and recommendations (if any).
c) Reporting entities: Railway
infrastructure enterprises;
d) Report recipient: Vietnam
Railway Administration;
dd) Report submission and
receipt method: physical documents and connected document management system of
Vietnam Railway Administration;
e) Report submission deadline:
before March 15 of each year;
g) Reporting frequency: once
per year;
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i) Report form under Appendix V
hereof.
Article 59. Responsibilities
of managers, users of specialized railroad crossings
1. Manage, maintain, organize
safety devices, and retain technical conditions of railroad crossings under
their management throughout use process under this Circular.
2. Assign attendants for
railroad crossings under their management and use.
3. Promptly implement repair
solutions in order to ensure safety for railroad crossings under their
management and use, and traffic safety when any damage is found.
4. Produce dossiers on railroad
crossings under their management and use in accordance with Article 29 hereof.
5. If managers and users of
specialized railroad crossings fail to adequately comply with Clause 1, Clause
2, Clause 3, or Clause 4 of this Article, railway infrastructure enterprises
(for railroad crossings on national railway) or owners of specialized railway
(for railroad crossings on specialized railway) shall decide on temporary
suspension of railroad crossing operation. In this case, managers and users of
specialized railroad crossings shall compensate for damage caused by their
fault.
Article 60. Responsibilities
of owners of specialized railway
1. With respect to public
railroad crossings on public railway:
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b) Assign railroad crossing
attendants;
c) Give feedback and assume
legal responsibility for feedback regarding construction, renovation, and
upgrade of railroad crossings;
d) issue decision bringing
railroad crossings into use within 5 working days from the date on which
railroad crossing commissioning is complete;
dd) produce dossiers on
railroad crossings in accordance with Article 29 hereof.
2. Decide on construction,
renovation, and upgrade of specialized railroad crossings on specialized
railway; construction on land for specialized railway.
Article 61. Responsibility
of project developers of railroad crossings, essential structures built on land
for railway
1. Prior to approving
construction investment projects, project developers shall consult competent
authority under Article 41 and Article 48 hereof and owners of specialized
railway regarding construction location and scale if construction takes place
on land for specialized railway.
2. Prior to commencing
construction, project developers shall consult organizations below regarding
construction plan, duration of barricade for construction purposes, traffic
safety measures:
a) Railway infrastructure
enterprises for structures related to national railway structures and land for
national railway;
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c) Owners of specialized
railway for structures related to specialized railway structures and land for
specialized railway;
d) Relevant road authority.
3. Adopt procedures for
receiving transferred construction premise prior to commencing construction.
4. Upon completion of
construction process, deliver the sites and as-built dossiers to organizations
under Clause 2 of this Article.
5. Maintain stable technical
conditions and guarantee funding sources for management, maintenance of
structure sections located on land for railway.
6. Ensure structure safety,
railway traffic safety, environmental protection throughout construction
process; performance maintenance throughout operation; develop timely
reinforcement plans to maintain structure safety, railway traffic safety upon
discovering or receiving information about structure damage.
7. Relocate or renovate
structures without seeking compensation upon being requested by competent
authority; demolish structures upon expiry (for structures with expiry under
license to build).
8. Compensate for damage caused
by their fault as per the law.
Chapter V
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Article 62. Entry into force
This Circular comes into force
from December 1, 2023 and replaces Circular No. 25/2018/TT-BGTVT dated May 14,
2018 and Circular No. 07/2022/TT-BGTVT dated May 31, 2022 of the Minister of
Transport.
Article 63. Transition
clauses
1. With respect to existing
specialized railroad crossings with signs on national railway, owners of
specialized road shall gradually upgrade safety devices of railroad crossings
in order of priority in order to improve traffic safety. If safety devices of
railroad crossings have not been improved, owners of specialized road shall
organize guard duty in railroad crossings that are susceptible to traffic
accidents or at high risk of traffic accidents.
2. With respect to existing
railroad crossings that have not met requirements under this Circular, during
renovation and upgrade of such railroad crossings, project developers shall
gradually improve angle created by road and railway, road profile, road slope,
add more railroad crossing safety devices, expand railroad crossing guard
posts. Prior to renovation and upgrade of railroad crossings, traffic safety
measures shall be implemented to protect people and vehicles traversing
railroad crossings.
3. With respect to existing
railroad crossings with automatic warning and without automatic barrier,
install automatic barriers to improve traffic safety.
4. With respect to existing
railroad crossings utilizing manually-operated barriers, replace with
electric-powered barriers or electric-powered and manually-operated barriers,
boom barriers or automatic barriers in order to improve safety quality at
railroad crossings, increase traffic safety, and reduce number of attendants
required at railroad crossings.
Article 64. Responsibility
for implementation
Chief of the Ministry Office,
Chief of Ministry Inspectorate, Directors, Director of Directorate for Road of
Vietnam, Director of Vietnam Railway Administration, Directors of Departments
of Transport of provinces and central-affiliated cities, heads of relevant
agencies, organizations, and individuals are responsible for the implementation
of this Circular./.
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PP. MINISTER
DEPUTY MINISTER
Nguyen Danh Huy