Laws of Vietnam

DECREE No.39-CP OF THE GOVERNMENT OF JULY 5, 1996 ON ENSURING RAILWAY TRAFFIC ORDER AND SAFETY

THE GOVERNMENT

Pursuant to the Law on Organization of the Government of September 30, 1992;

Pursuant to the Ordinance of December 2, 1994 on the protection of transport projects;

Pursuant to the Ordinance of January 28, 1989 on the Vietnam People’s Police and the Ordinance amending Article 6 of the Ordinance of July 6, 1995 on the Vietnam People’s Police;

Pursuant to the Ordinance on the Handling of Administrative Violations of July 6, 1995;

DECREES:

Chapter I

GENERAL PROVISIONS

1. This Decree provides for railway traffic order and safety aimed at ensuring safety for the lives, means and properties of the State and the people;

2. This Decree applies to the users of railway means and projects, the persons operating within the limit of the protection area of railway traffic projects;

3. The special-purpose railways shall have a separate regulation;

Article 2.- The terminologies used in this Decree shall be construed as follows:

1. The railway traffic projects comprise: road bed, rail road structures, bridges, culverts, tunnels, piers, protection walls, station areas, the system of communication signals and other support facilities and equipments;

2. The station area is a complex composed of: the station, the station square, the quay, the station passages, the storage yard and other equipments;

3. The railway transport means comprise: locomotives, rail carriages and special- purpose equipments operating on the railways;

4. Railway personnel are the persons working in the railway service, composed of: managers, operators, manufacturers, repairers, users of means, equipments and railway projects and the builders of railway transport projects;

5. Level crossing is the place where a railway crosses a land road on the same ground level;

6. Dual-purpose bridge is a bridge with a ground level used for both rail and land transport means;

7. The corridor of a railway structure is the space along a railway wide enough for a train to pass without encumbrance.

1. The State agencies, economic organizations, social organizations, armed units and all citizens have the responsibility to seriously observe the regulations of this Decree.

2. Foreign organizations and individuals working and residing on Vietnamese territory have to comply with the stipulations of this Decree.

Article 4.- The Vietnam Fatherland Front and its member organizations shall, within the ambit of their tasks and powers, have to take part in the popularization and education among the people and the supervision of the implementation of the regulations on railway traffic order and safety.

1. All acts violating railway traffic order and safety must be detected in time, handled correctly and strictly in accordance with law.

2. The persons entrusted with public duty to ensure order and safety of railway traffic who fail to fulfill their responsibilities, who hassle or cause disturbances to others, shall be strictly dealt with according to law.

Article 6.- The settlement of railway traffic accidents must comply with the following stipulations:

1. The stationmaster, the trainmaster or the driver of the railway traffic means shall have to take the main responsibility in promptly rescuing the victims and report to the nearest local police and administration in order to settle the consequences and filling the necessary procedures prescribed by law;

2. Those who are present at the place of the accident have the duty and right to ask the driver of the land road means to take the injured to the first-aid station. Those who shirk their responsibility to rescue and help the victims shall be dealt with according to the law in force. Those who take advantage of the accident to misappropriate the properties of the victims and/or of the State, instigate or pressurize others to obstruct the settlement of the consequences shall be dealt with according to law;

3. The People’s Committee in the locality where the accident takes place has the duty to coordinate with the police, the railway service and the other concerned agencies and organizations to protect the properties of the victims and/or of the State and the settlement of the consequences in order to restore railway traffic.

In case the accident directly affects train traffic the victims and other obstacles must be promptly taken out of the corridor of the rail structure in order to resume the train service.

Chapter II

RESPONSIBILITIES OF THE MINISTRIES, MINISTERIAL-LEVEL AGENCIES, AGENCIES ATTACHED TO THE GOVERNMENT AND THE PEOPLE’S COMMITTEES OF THE PROVINCES AND CITIES DIRECTLY UNDER THE CENTRAL GOVERNMENT IN ENSURING RAILWAY TRAFFIC ORDER AND SAFETY

Article 7.- The Ministry of Communications and Transport has the responsibility :

1. To issue the criteria, processes, rules and economic and technical norms of the service under its jurisdiction aimed at ensuring safe transport of passengers and goods;

2. To lay down conditions and criteria for the establishments to design, build, repair and register the equipments and means of railway transport;

3. To organize the management of the training, the issue of diplomas, driving licenses, and professional certificates to the railway personnel;

4. To organize, direct and control the activities of the inspectoral system of the railway transport service; to handle according to its competence the administrative violations on the ensurance of the safety of railway projects and order and safety of railway traffic;

5. To coordinate with the Ministry of the Interior in analyzing the causes of accidents and handle the accidents in railway traffic.

Article 8.- The Ministry of the Interior has the responsibility:

1. To organize and direct the assurance of order and safety of railway traffic;

2. To inspect, supervise and handle the violations of railway traffic order and safety;

3. To preside over the investigation and handling of the accidents in railway traffic.

4. To take the main responsibility and coordinate with the Ministry of Communications and Transport in setting forth and proposing to the other Ministries and services and the People’s Committees of the provinces and cities directly under the Central Government to take measures to prevent and eliminate the causes leading to railway traffic accidents.

Article 9.- The Ministry of Finance has the responsibility:

1. To ensure the budget for the assurance of order and safety of railway traffic at the proposal of the Ministry of Communications and Transport, the Ministry of the Interior and the People’s Committees of the provinces and cities directly under the Central Government crossed by railways after ratification by the Government;

2. To take the main responsibility and coordinate with the Ministry of Communications and Transport and the Ministry of the Interior to direct the financial agency of various levels to organize the collection of fines on administrative violations of railway traffic order and safety in accordance with the characteristics of the activities of the railway service;

To effect the unified issue and management of the receipts on the collection of fines against administrative violations of railway traffic order and safety;

3. To organize the control and inspection of the management and use of the collected fines as prescribed.

Article 10.- The Ministry of Defense has the responsibility to direct the military agencies of various levels to coordinate with the railway service and the Police to assure order and safety of railway traffic, strictly implement the regulations on railway traffic order and safety in the transportation of troops, means and weapons by railway.

Article 11.- The Ministry of Culture and Information has the responsibility to direct the cultural and information agencies and the press at the center and in the localities to regularly carry out motivation, education and encouragement of the population to strictly implement legislation on railway traffic order and safety.

Article 12.- The radio and television at the center and in the localities have the responsibility to conduct education on railway traffic order and safety free of charge;

Article 13.- The Ministry of Education and Training shall assume the main responsibility and coordinate with the Ministry of Communications and Transport and the Ministry of the Interior in compiling the program of legal education on railway traffic order and safety for inclusion in the curriculum of the schools.

Article 14.- The People’s Committees of the provinces and cities directly under the Central Government have the responsibility:

1. To organize the popularization and education of the legislation on railway traffic order and safety; take all necessary measures to establish discipline, order and safety in railway traffic; to assign to the People’s Committees of the districts and communes crossed by railways the responsibility of protecting the railway transport projects in the locality;

2. To work out the plan and organize the dismantlement of the projects which encroach upon the safety protection area of the railway traffic projects;

3. To guide the People’s Committees at various levels in the areas where a railway is damaged by a traffic accident or natural calamities or enemy sabotage to coordinate with the railway service in order to promptly settle the consequences and restore traffic.

The People’s Committee of the locality where a railway traffic accident occurs shall together with the master of the nearest railway station coordinate with the police to organize the rescue of the injured and fill the legal procedures and organize the burial of the dead. If a foreign or foreigners are among the victims, it shall immediately contact the Foreign Relations Service of the province or city directly under the Central Government to settle the consequences under the guidance of the concerned Ministries and services.

The People’s Committees of the provinces or cities directly under the Central Government shall consult the Ministry of Communications and Transport on opening passages where the population have daily to cross the railway and must put up marker posts and signals on the land road to guide the population in crossing the railway.

Article 15.- The Ministries, ministerial-level agencies, the agencies attached to the Government and the People’s Committees of the provinces and cities directly under the Central Government when drawing up plans to build new projects or transform the existing projects which relate to the safety of the railway traffic projects must get the written consent of the Ministry of Communications and Transport.

Chapter III

ENSURING THE SAFETY OF RAILWAY TRAFFIC PROJECTS

Article 16.- The safety protection area of a railway traffic project includes delimitations on the ground, under the ground, under water surface and in the air related to the safety of the project and the safety of railway traffic activities.

Article 17.- The safety protection area of the railroad bed stretches 5m on either side from the base of the roadbed for an embanked road or from the edge of the roadtop for a tunnel and 3m from the base of the lengthwise bar or the base of the top bar of the road.

For a non-embanked or undug roadbed this area stretches 5.6m on either side from the outer edge of the outermost rail.

Article 18.- The aerial safety protection area of a railway is 7.5m from the top of the rail in the vertical direction.

Article 19.- The safety protection area of a railway bridge is defined as follows:

1. From the protection signal post on this side of the bridge to the protection signal post on the other side of the bridge along the railway.

If the bridge has no protection signal post this area is 50m each side from the end of the bridge abutment.

2. Laterally the protection area begins from the outermost Point of the bridge structure in the following distance:

- For a fly-over bridge in the town, 5m on each side of the outer railing of the bridge.

- 20m for a small bridge less than 20m long;

- 50m for a medium bridge from 20m to less than 60m long;

- 100m for a large bridge from 60m to 300m long;

- 150m for a major bridge more than 300m long.

Article 20.- The safety protection area for a railway tunnel is an area of soil or rock or an aerial space at least 50 m from the outermost Point of the structural components of the tunnel.

1. The safety protection area of the telephone, telegraph and signal posts of the railway is a radius of 3.5 m from the center of the post.

2. The safety protection area of the telephone line, telegraph and signal line of the railway is 2.5 m from the outermost line in the lateral and vertical directions.

3. The safe distance between the communication and signal lines of the railway and the power line and other communication lines must conform with the current technical norms of the State.

Article 22.- The safety protection area of the station area comprises the whole area (surface, underground and aerial) inside the delimitation wall of the station or the marker post and from the signal post of entrance to the station on this side to the signal post of entrance to the station on the other side.

Article 23.- On the area within the safety protection area of a railway traffic project only short-term and short- stem plants can be grown and must be at least 2m from the base line of the embanked road and at least 5m from the top ridge of the dug road or 3m from the outer ridge of the lengthwise bar or the top bar.

1. The planting of delimitation marker posts of the safety protection area of a railway traffic project must comply with the stipulations in this Decree.

2. The Ministry of Communications and Transport shall assume the main responsibility and coordinate with the People’s Committees of the provinces and cities crossed by railways to direct the erecting of delimitation marker posts of the safety protection area for a railway traffic project.

The Ministry of Communications and Transport shall have to manage the safety protection area of the railway traffic project.

3. The Ministry of Communications and Transport shall define concretely the limit of the safety protection area of the level crossings, the limit between the railroad bed and the motor road bed on the portions where the two roads run along close together.

Article 25.- The unit managing a railway traffic project has the responsibility:

1. To ensure the state of technical safety and the technical norms of the project, ensure adequate equipment of the system of signals, signs, and signal markers as prescribed;

2. To take measures to handle in time and prevent accidents when detecting or being informed that a railway project is damaged or is in danger of being not safe for train traffic;

3. To regularly inspect and take measures to ensure traffic safety on the portions of railway crossing dangerous and steep passes, and portions where rock and land slides and floodings are frequent (especially in the stormy and flood season).

The unit managing a railway traffic project shall have to take the responsibility if, either out of irresponsibility or for failing to ensure the quality of the project, it lets a railway traffic accident occur.

1. The building and repair of a railway traffic project must be permitted by the competent managing agency of the railway service and can be conducted only after taking all necessary measures to ensure traffic safety.

2. After completion of the construction or repair the project must be tested by the agency which has issued the permit. All materials, machinery, equipment and protection signs must be removed.

Article 27.- The person who detects an obstacle on the railway traffic project which directly threatens the safety of train traffic has the responsibility to find all emergency measures to signal the train to stop or to alert the railway personnel or the nearest police station or State agency in order to take timely measures to handle the situation.

Article 28.- The building of projects, the use and exploitation of the aerial space, the land area and water area outside the safety protection area of a railway traffic project must ensure absolute safety for the railway traffic and transport activities. The railway managing agency has the responsibility to check, detect and ask the concerned persons or units to stop immediately the acts which endanger railway traffic order and safety.

1. The houses built with inflammable materials must be at least 20m away from the base of the railway.

2. The lime, ceramic, brick, iron, steel, cement and glass furnaces must be built at least 25m away from the base of the rail roadbed.

3. The storages of toxic substances, explosives, inflammables and easily explodable substances must be erected at a distance from the rail roadbed as prescribed by law.

4. The electricity posts and telephone posts which are built after the promulgation of this Decree must be installed far from the railroad bed at a distance larger than the height of the post. The electric transmission line above the railway must be provided with protection mesh to provide against the rupture of the transmission lines.

Article 30.- The following activities which affect the safety of railway traffic must have the prior permission of the competent railway managing agency:

1. Drilling, digging and burrowing the rail roadbed;

2. Installing water supply and drainage pipes, or oil and gas pipes, installing electricity cables, communication cables, or lighting equipment within the safety protection area of the railway traffic project.

Article 31.- An organization or individual that wants to open a level crossing or build a fly-over or a tunnel bridge across a railway must have the permission of the Ministry of Communications and Transport and has to bear all the expenses for the construction, management, maintenance and repair; it has to install all the necessary equipment to direct the traffic and ensure traffic order and safety in these places.

Article 32.- The building of projects stipulated in Article 30 and Article 31 of this Decree shall have to comply strictly with the permit already issued. After completion the project must be tested and accepted by the permit issuing agency.

Article 33.- The following acts which affect the safety of railway traffic are strictly prohibited:

1. Destroying, dismantling, stealing or damaging the structures, components, means and equipments of the communication and signal systems and materials of the railways.

2. Building projects, houses and inns, erecting advertisement boards or other objects within the safety protection area of a railway traffic project, digging and taking earth and stones in the area of the railroad bed.

3. Discharging waste water and other noxious substances on the railway.

Chapter IV

RAILWAY PERSONNEL AND RAILWAY TRANSPORT MEANS

1. The railway personnel must be trained, controlled, put to exams, issued with certificates and driving licenses or professional certificates according to the criteria set by the Ministry of Communications and Transport.

2. The railway personnel performing tasks related to train traffic must fully comply with the prescriptions of law on railway transport and take personal responsibility for ensuring safe train traffic within their assigned jobs.

3. The head of unit of various levels in the railway service shall, depending on their prescribed functions and tasks, take joint responsibility for the observance of railway legislation by the personnel under their management.

Article 35.- The railway personnel on duty are banned from the following acts:

1. To be unfit physically to perform the assigned tasks;

2. More than 5mg of alcohol or beer content per 100 ml are detected in their blood or 0.25mg per litter in their breathing air or they are found to have used other stimulants.

3. They have no permit, license, or professional certificate corresponding with the tasks assigned.

Article 36.- The professional technical school to train railway personnel must be supplied with sufficient material and technical conditions and a qualified contingent of teachers as prescribed by the Ministry of Communications and Transport.

1. The railway transport means (excluding tip wagons) operating on the railway must bear the code name and number and must meet the prescribed technical norms. Besides these norms the locomotives and self-propelled means on the railway must be equipped with sirens and lighting lamps.

The untasked persons are strictly forbidden to put self- procured means on the railway.

2. The railway transport means must be maintained and technically checked periodically as prescribed.

Article 38.- The heads of the units managing, manufacturing, repairing, maintaining, checking and using the railway transport means according to their assigned functions and tasks have the responsibility to ensure the technical safety and technical norms of the means; they must take timely measures of remedy when the railway transport means is damaged and unsafe for train traffic.

It is strictly forbidden to put into operation on the national railway network the means which are not safe technically and do not meet the technical norms. The heads of these units shall have to take responsibility if a railway traffic accident happens due to the unsafe quality of the means.

Chapter V

RAILWAY TRAFFIC RULE

Article 39.- The time schedule of the train services approved and issued by the competent authority is the basis for the organization of train services of the railway branch.

All railway personnel must strictly observe the regulations of the train service time schedule.

Article 40.- Goods loaded on the rail carriages must be stacked stably and firmly secured in order to ensure safety in the process of transportation.

Article 41.- The transportation of dangerous, noxious, inflammable and easily explodable substances must comply with the regulations on the safe transportation of these substances.

Article 42.- The following acts are strictly forbidden:

1. To take onto a passenger train noxious, easily explodable, inflammable and other dangerous substances.

2. Transporting passengers and goods in excess of the prescribed capacity of the carriage.

3. Allowing persons without responsibility into the locomotive, transporting goods on the roof of the locomotive.

4. Transporting people in a goods carriage (excluding persons with responsibilities).

5. To bring into the station or onto the train objects banned from transportation.

Article 43.- The driver of a railway transport means must know the itinerary, the locations of each bridge, tunnel, station, service station, signal, sign, and marker post in order to drive the train safely; he/she must constantly observe the railway in order to handle the situation in time when an obstacle crops up and must notify the nearest station if that obstacle threatens the safety of other trains.

1. It is forbidden to stop the train on a level crossing except in case of unexpected obstacle or accident.

2. In case the train has to manoeuvre or to occupy a level crossing, the time for the stoppage of land road traffic must not exceed 3 minutes for a level crossing Grade 1 and Grade 2 and 5 minutes for a level crossing Grade 3.

3. In case of an accident on the level crossing, the train master, the driver of the railway transport means, and the person responsible for the rescue must find all measures to restore traffic in the shortest period of time.

1. The barrier and the dual-purpose bridge must be closed before the train reaches the level crossing and the bridge as scheduled:

a/ One minute for an electrically- operated barrier;

b/ One and a half minutes for a hand- operated barrier;

2. The barrier must not be opened too early before the train reaches the level crossing or the dual-purpose bridge.

a/ Not more than 3 minutes earlier for a dual-purpose bridge and a level crossing Grade 1 and Grade 2;

b/ Not more than 5 minutes earlier for a level crossing Grade 3.

Article 46.- Traffic rules at a level crossing or a dual-purpose bridge is defined as follows:

1. Priority is given to the transport means operating on the railway;

2. The persons and means taking part in land traffic must comply with the direction of the following signal system:

a/ Signal order from the barrier guard;

b/ Signals of the lamp, banner or sign;

c/ The barrier;

3. When a stop signal is given (signal order from the barrier guard, red lamp, red banner, red sign, closed barrier) the persons and all the means taking part in land traffic including vehicles with priority right have to stop on the right of their road and at least 3m from the above signals;

4. Before reaching a cross level without barrier the people and means taking in land traffic must observe. If they see an on- coming train they have to stop on the right of their road at least 5 m from the outer rail and have to take responsibility if an accident occurs.

5. It is strictly forbidden to open the barrier or the motor and train bridge without authorization when the barrier remains closed.

Article 47.- Caterpillar vehicles, oversize and overweight vehicles when passing a level crossing must have permission from the Ministry of Communications and Transport, must submit to the control about the capacity and weight limits and have to bear all expenses on reinforcing the railway project when necessary.

Article 48.- When a land traffic means meets with accident and goods fall out and spill on the railway in violation of the corridor of the railway structure, the owner of the means that meets with accident, the person who detects the accident, the other persons present at the scene must promptly take the victims (if any) and the means and goods out of the above limit in order to restore train traffic and then find all measures to take the means and goods out of the safety protection area of the railway traffic project.

In case the railway cannot yet be cleared and a train is coming, the stipulations in Article 27 of this Decree must be complied with.

Article 49.- The following acts which affect railway traffic order and safety are strictly forbidden:

1. To put an obstacle on the railway;

2. To plant trees or install other objects which block the vision of the driver of the means of transport of the persons passing the level crossing and at the base of the bend of a railway.

3. To lay out straw and other things to dry on the railway.

4. To store materials, goods and waste materials, to put means and equipment within the safety protection area of the railway traffic project (excluding materials and equipments in service of the building and repair of a railway traffic project);

5. To let buffaloes, oxen and other animals range on the railway within the safety protection area of the railway traffic project;

6. To use explosives to quarry stone, sand and pebbles thus affecting the safety of railway transport and traffic.

7. To groundlessly lock the brake or tug at the stopping valve of the train;

8. To walk, stand (except those with responsibi-lities), lie, sit and play on the railway or on the roof of the carriages; to cling to the carriage or locomotive and on either side of the head of a carriage;

9. To peddle goods and cause disorder and disturbances; threaten the safety of the lives and properties of the passengers and railway personnel on duty;

10. To throw earth, stones and other dangerous objects onto the train and from the train;

11. To mount or descend from the train, open the carriage windows, stick the head or stretch limbs out when the train is moving (except persons with responsibility);

12. To obstruct the exploitation and use of the means and equipment of the railway transport means;

13. To obstruct the normal railway service and other activities that causes the loss of order and safety in railway traffic.

Chapter VI

ADMINISTRATIVE SANCTIONS AGAINST VIOLATIONS OF RAILWAY TRAFFIC ORDER AND SAFETY

I- PRINCIPLES OF SANCTIONING

1. The sanction against administrative violations concerning railway traffic order and safety shall be conducted by the People’s Committee of various levels, the People’s Police and the Inspectorate of railway traffic according to the prescriptions of law.

2. An individual or organization that commits a violation of railway traffic order and safety shall be subjected to administrative sanctions as stipulated in this Decree;

3. All violations of the railway traffic order and safety must be detected in time and stopped immediately. The sanction must be handed promptly, fairly and openly. All consequences of such violations must be overcome as prescribed; an organization or individual that commits an administrative violation and causes material damage shall have to pay compensations as prescribed by law;

4. An administrative violation shall be sanctioned only once.

If a person commits many administrative violations he/she shall be sanctioned for each violation. The person competent to sanction shall decide the form of sanction for each act of violation; if the sanctions are fines they shall be added up to become the common fine.

If many persons commit the same act of administrative violation each shall be sanctioned.

5. The administrative sanction shall be based on the character and extent of the violation, the person of the offender and the attenuating or aggravating factors from which to decide the form of sanction and the appropriate measures of handling as prescribed in this Decree.

6. No administrative sanction shall be taken in the cases of emergency, legitimate defense, unexpected events or when the offender is affected by a mental disease or another disease which deprives him/her of their capacity of perception or capability of controlling their acts.

Article 51.- Level of fine for administrative violations with attenuating or aggravating factors.

If the sanction is in the form of fine, the concrete level of fine for an act of administrative violation is the average of the fine frame set for such an act; if there are attenuating factors, this level may be reduced but not to below the minimum of the fine frame; if there are aggravating factors the fine may be increased but not to above the maximum of the fine frame.

The attenuating or aggravating factors shall comply with the stipulations in Article 7 and Article 8 of the Ordinance on the Handling of Administrative Violations.

Article 52.- Responsibility of the person competent to sanction an administrative violation.

1. The person competent to hand a sanction against an administrative violation must sanction the right person, for his right act of violation, in conformity with his competence and law and shall propose to the concerned agencies the necessary measures to ensure railway traffic order and safety and protect the railway traffic project.

2. The person competent to sanction administrative violations who hassles others, who condones and covers up the offenders, who refrains from sanctioning or sanctions not in a timely manner, not in a way compatible with the violation or who oversteps his prescribed powers shall, depending on the character and extent of the violation, be disciplined or examined for penal liability; if he/she causes material damage he/she must pay compensation as prescribed by law.

II. ACTS OF VIOLATION AND FORMS OF SANCTION

Article 53.- Sanctions against an individual or organization that violates the regulations on construction, repair and management of a railway traffic project:

1. A fine of 500,000 VND to 1,000,000 VND for one of the following acts:

a/ Undertaking a construction or repair without permit of the competent railway management agency; failing to inform in writing the unit managing the railway traffic project;

b/ Continuing with the construction without informing in writing the unit managing the railway agency after expiry of the term for the construction and repair stipulated in the permit.

c/ Failing to comply with the technical process in building or repairing a railway traffic project;

d/ Failing to immediately remove the protection signs and other materials within the corridor of the railway structure after completion of the construction of the project;

e/ Failing to take timely measures to handle or prevent an accident when detecting or having been informed that a railway traffic project is in disrepair;

f/ Failing to remove in time the obstacles that reduce the view of the driver of the railway transport means when approaching a sign or signal.

2. A fine of 1,000,000 VND to 2,000,000 VND for one of the following acts:

a/ Failure to install all the protection signs prescribed by the Ministry of Communications and Transport;

b/ Failure to take or refusal to carry out measures to ensure safety of railway traffic at the key Points, the steep slopes or dangerous road portions.

3. Apart from fines, an individual or organization that violates the stipulations in this Article shall have to take immediately measures to ensure safety of railway traffic as prescribed.

Depending on the extent of the violation, the person in charge of the construction and the head of the unit managing the railway traffic project shall also be disciplined. If the violation causes serious consequences he/she shall be examined for penal liability.

Article 54.- Sanction against an individual or organization that takes actions which encroach upon a railway traffic project.

1. To serve a warning or a fine of 50,000 VND to 100,000 VND for one of the following acts:

a/ Planting trees within the safety protection area of a railway project thus hiding the view of the driver of the railway transport project;

b/ To spread straw, stubble and farm products for drying on the railway or other railway traffic projects;

c/ To let drop earth and sand on the railway.

2. To serve a warning or a fine of 100,000 VND to 200,000 VND for one of the following acts:

a/ Buying and selling goods, holding market, let the cattle and other animals range within the safety protection area of the railway transport project;

b/ Storing materials, goods, waste, means and equipment within the safety protection area of the railway transport project (except the materials and equipments in service of the construction and repair of the railway traffic projects).

c/ Letting herds of animals cross the railway not in accordance with prescription or let an animal pull a cart across a railway without driver.

3. A fine of 1,000,000 VND to 2,000,000 VND for one of the following acts :

a/ Anchoring or mooring water transport means and rafts within the protection area of a railway bridge;

b/ Opening a passage across the railway without permission;

c/ Erecting a construction, building a house or inn within the safety protection area of the railway transport project;

d/ To be slow in removing the constructions, houses and inns or to deliberately delay the removal thus obstructing the building, transformation, expansion and assurance of safety for the railway transport project after a decision to this effect of the competent agency has been issued.

4. A fine of 3,000,000 VND to 5,000,000 VND for one of the following acts:

a/ To damage, change, move or hide the signals, signs or markers of a railway traffic project;

b/ To install or hang advertisement boards or other shielding objects within the safety protection area of the railway traffic project;

c/ To dig earth near the railway or take ballast from the railway;

d/ To let drop timber, stone or other objects thus causing accidents to the passing train or to the passengers on the train but not seriously enough to be examined for penal liability;

e/ To damage the dividing wall between the railway and the land road; to move or destroy the land marker of the safety protection area of the railway traffic project;

f/To use explosive to exploit rock, sand and pebbles; to discharge noxious substances thus affecting the safety of railway traffic;

g/ To put inflammable objects within the safety protection area of a railway traffic project.

5. A fine of 10,000,000 VND to 20,000,000 VND for one of the following acts:

a/ To lay an obstacle on the railway;

b/ To put a self-procured means or a means banned from traveling on the railway without authorization;

c/ To dismantle, move the rail or sleepers; to steal components and accessories, materials and equipment of the signals and communications system of the railway but not seriously enough to be examined for penal liability.

d/ To drill, dig or burrow a railway or open a level crossing without authorization.

6. Apart from the fine, the individual or organization who violates the stipulations in this Article shall also be forced to perform immediately the following work:

a/ To uproot the plant if it is a violation of Point a, Item 1.

b/ To remove the straw and stubble and farm products and other objects if it is a violation of Point b, Item 1.

c/ To remove the earth and sand scattered on the railway if it is a violation of Point c, Item 1.

d/ To remove the construction illegally set up, and take the means, equipment and material out of the safety protection area of the railway transport project if it is a violation of Point b, Item 2, and Points b and g of Item 4.

e/ To restore the original state which has been altered by the administrative violation if it is a violation of Point a, Point e, Item 4 and Points c and d, Item 5.

f/ To have the self-procured means and the means illegally traveling on the railway confiscated if it is a violation of Point b, Item 5.

Article 55.- Sanctions against the individuals or organizations who use or put into use means and equipment of railway transport in violation of the safety technical norms.

1. A fine of 500,000 VND to 1,000,000 VND for an act of using a means or equipment of railway traffic that does not meet the prescribed norms;

2. A fine of 2,000,000 VND to 5,000,000 VND for one of the following acts:

a/ To drive a locomotive and self-propelled means on a railway without siren, lights, braking system or these equipment do mot neet the prescribed norms;

b/ To use rail carriages without emergency brake valve, without fire extinguisher or these equipment do not meet the prescribed norms;

c/ To operate the rail carriage for the trainmaster without emergency brake of the brake does not meet the prescribed norms.

3. A fine of 5,000,000 VND to 10,000,000 VND for an act of putting into operation a railway transport means which has not gone through technical quality test or which is past the use time limit.

4. Apart from the fine, an individual or organization that violates Item 1, Item 3 of this Article shall have to stop immediately the use of the means and equipment for railway transport; if they violate Item 2 of this Article they shall have to take measures to ensure safety for the train to reach the nearest station in order to find the measure to overcome the incident.

Depending on the extent of the violation, the heads of the units who control and manage the means shall also be disciplined.

Article 56.- Sanctions against railway personnel who violate the regulations on rail traffic safety:

1. To serve a warning or a fine of 50,000 VND to 100,000 VND for an act of letting persons sit on the roof of the carriage, cling to the carriage or locomotive or stand at the junction of two carriages; letting people peddle goods on the train, taking in passengers onto a goods train, and letting people mount or descend while the train is running.

2. To serve a warning or a fine of 100,000 VND to 200,000 VND for a violation of the process of technical operation that affects the running of the train.

3. A fine of 1,000,000 VND to 2,000,000 VND for an act of transporting passengers and goods in excess of the prescribed capacity of the carriage.

4. A fine of 3,000,000 VND to 5,000,000 VND for an act of violating the technical operation process which leads to a railway traffic accident but not seriously enough to be examined for penal liability.

5. Apart from the fines, the railway personnel who violates Item 1 of this Article must take the passengers out of the above places; if they violate Item 3 of this Article they shall have to reduce the freight and discharge some of the passengers and goods from the carriage.

Article 57.- Sanction against drivers of railway transport means:

1. A fine of 500,000 VND to 1,000,000 VND for one of the following acts :

a/ Driving a railway transport means without a valid certificate or driving license;

b/ Allowing persons without duty onto the locomotive; transporting goods in the locomotive;

2. A fine of 2,000,000 VND to 5,000,000 VND for one of the following acts:

a/ Driving a train at a speed exceeding the prescribed limit;

b/ Stopping the train at an unprescribed place without plausible reason;

c/ Driving the train past the stop sign;

d/ Driving a railway transport means with an alcohol, liquor or beer content in his/her blood exceeding 50mg/100ml or 0.25mg/litter of breathing air or after using other stimulants.

3. Apart from the fines, the person violating Point b, Item 1 of this Article shall have to take the people and goods outside the locomotive. If he/she violates Item 2 of this Article he/she shall have his/her driving license revoked.

Article 58.- Sanction against individuals or organizations that commit violations affecting the safety of railway traffic project:

1. A fine of 5,000,000 VND to 10,000,000 VND for one of the following acts:

a/ Driving a motorized vehicle or carterpillar vehicle within the safety protection area of the railway traffic project or hauling a heavy object across the railway at variance with prescription;

b/ Installing water supply and drainage pipes, oil and gas pipes; installing electricity cables and communication cables and lighting equipments within the safety protection area of the railway traffic project without permission from the competent railway managing agency.

2. Apart from the fine, the individual or organization that violates Point b, Item 1 of this Article may also be forced to immediately dismantle the cables and other equipments which have been illegally installed.

Article 59.- Sanction against individuals who commit other violations against railway traffic order and safety.

1. To serve a warning or a fine of 50,000 VND to 100,000 VND for one of the following acts:

a/ To throw earth, stone or any other things onto the train;

b/ Failing to comply with the direction of the signal system or the direction of the traffic guiding personnel when passing a level crossing or a dual-purpose bridge;

c/ To peddle goods on the train and in the railway station;

d/ To open without authorization the door of the carriage, to stick out the head or stretch limbs out of the train or board or descend while the train is running, to mount on or descend from the train through the carriage window;

e/ To climb on the communication and signal posts of the railway on the roof of the carriage and at the junction of two carriages without authorization.

2. A fine of 300,000 VND to 500,000 VND for one of the following acts:

a/ To take objects and goods onto the train and drop objects and goods from the train to the ground while the train is running, throw objects and goods (up or down) through the carriage window;

b/ To deliberately open the barrier of the land road when the barrier is closed in order to cross the railway.

3. A fine of 3,000,000 VND to 5,000,000 VND for one of the following acts:

a/ To take onto a passenger train noxious, easily explodable, inflammable and other dangerous substances but not seriously enough to be examined for penal liability;

b/ To stop the train without plausible reason and activate the brake and the stop valve of the train without authorization but not seriously enough to be examined for penal liability;

c/ To take advantage of a traffic accident to misappropriate properties of the State and of citizens but not seriously enough to be examined for penal liability.

4. Apart from the fine, the individual who violates the stipulations in this Article may also have to pay compensation for the damage caused by the violation; if he/she violates Points c, d and e of Item 1 of this Article he/she shall have to leave the above places; if he/she violates Point a, Item 3 of this Article he/she must hand over all the dangerous and noxious objects to the specialized agency for settlement; if he/she violates Point c, Item 3 of this Article he/she shall have to return the properties he/she has misappropriated.

III. SANCTIONING COMPETENCE

Article 60.- Assignment of competence in the sanctioning of administrative violations:

1. The People’s Committee of various levels has the competence to sanction the violations of railway traffic order and safety within the territory of the locality under its jurisdiction.

2. The People’s Police has the competence to sanction all violations of railway traffic order and safety stipulated in this Decree.

3. The railway inspectorate has the competence to sanction the violations of railway transport and traffic order and safety stipulated in Articles 53, 54, 55, 56, 57, and 58, Item 1, Item 2 and Point b of Item 3, Article 59 of this Decree.

4. In case the administrative violation comes under the sanctioning competence of many agencies, the sanctioning shall be effected by the agency which is the first to handle the case.

Article 61.- Sanctioning competence of the People’s Committee at various levels:

1. The President of the People’s Committee of the commune, ward and township has the right to:

a/ To serve a warning;

b/ To fine up to 200,000 VND;

c/ To confiscate the evidences and means of violation valued up to 500,000 VND;

d/ To force the offender to make compensation up to 500,000 VND;

e/ To force the offender to take measures to overcome the consequences of the administrative violation.

2. The President of the People’s Committee of the district, town and city under the province has the right to:

a/ To serve a warning;

b/ To fine up to 10,000,000 VND;

c/ To confiscate the evidences and means of violation;

d/ To force the offender to restore the original state that has been altered by the administrative violation and to dismantle the illegally erected constructions;

e/ To force the offender to pay compensation up to 1,000,000 VND;

f/ To force the offender to overcome the consequences of the administrative violation.

3. The President of the People’s Committee of a province, or a city directly under the Central Government has the right:

a/ To serve a warning;

b/ To fine up to 100,000,000 VND;

c/ To confiscate the evidences and means of violation;

d/ To force the offender to restore the original state which has been altered by the administrative violation; and to dismantle the illegally erected constructions;

e/ To force the offender to take measures to overcome the consequences of the administrative violation;

f/ To force the offender to pay compensation up to 1,000,000 VND.

Article 62.- Sanctioning competence of the People’s Police:

1. A member of the People’s Police on duty has the right :

a/ To serve a warning;

b/ To fine up to 100,000 VND.

2. The head of a police team, the head of a police station maintaining railway traffic order and safety has the right:

a/ To serve a warning;

b/ To fine up to 200,000 VND;

c/ To force the offender to pay compensation up to 500,000 VND.

3. The head of the police in the ward or township crossed by a railway has the right to hand sanctions against administrative violations as stipulated in Item 1, Article 61 of this Decree.

4. The head of the police at the district, town or city under the province, the head of the railway traffic police under the Ministry of the Interior, the Head of the traffic police section at the provincial level has the right:

a/ To serve a warning;

b/ To fine up to 2,000,000 VND;

c/ To confiscate the evidences and means of violation;

d/ To force the offender to restore the original state which has been altered by the administrative violation, and to dismantle the illegally erected constructions;

e/ To force the offender to take measures to overcome the consequences of the administrative violation;

f/ To force the offender to pay compensation up to 1,000,000 VND for the damage caused by the administrative violation;

5. The Head of the Traffic Police Department, the Director of the Police in the province or city directly under the Central Government has the right:

a/ To serve a warning;

b/ To fine up to 20,000,000 VND;

c/ To force the offender to restore the original state which has been altered by the administrative violation or to dismantle the illegally erected construction;

d/ To force the offender to take measures to overcome the consequences of the administrative violation;

e/ To strip the offender of the right to use the permit under his jurisdiction, to confiscate the evidences and means used to commit the administrative violation.

Article 63.- Sanctioning competence of the Inspectorate of railway traffic;

1. An inspector of railway traffic has the right:

a/ To serve a warning;

b/ To fine up to 200,000 VND;

c/ To confiscate the evidences and means valued up to 500,000 VND used to commit the administrative violation.

d/ To force the offender to restore the original state which has been altered by the administrative violation, and to dismantle the illegally erected constructions;

e/ To force the offender to take measures to ensure traffic safety;

2. The Head of the specialized inspectorate of the railway traffic service has the right:

a/ To serve a warning;

b/ To fine up to 10,000,000 VND;

c/ To force the offender to pay compensation up to 1,000,000 VND for the damage caused by the administrative violation;

d/ To force the offender to restore the original state which has been altered by the administrative violation and to dismantle the illegally erected constructions;

e/ To force the offender to take measures to overcome the consequences of the administrative violation.

3. The head of the specialized Inspectorate Agency of the ministerial level has the right :

a/ To serve a warning;

b/ To fine up to 20,000,000 VND;

c/ To strip the offender of the right to use the permit under his jurisdiction;

d/ To confiscate the evidences and means used to commit the administrative violation;

e/ To force the offender to restore the original state which has been altered by the administrative violation or to dismantle the illegally erected constructions;

f/ To force the offender to pay compensation up to 1,000,000 VND for the damage caused by the administrative violation.

Chapter VII

IMPLEMENTATION PROVISIONS

Article 64.- This Decree takes effect on September 1st, 1996. The earlier provisions on railway traffic order and safety which are contrary to this Decree are now annulled.

Article 65.- The Minister of Communications and Transport, the Minister of the Interior and the Minister of Finance shall within the ambit of their functions and tasks have to guide and organize the implementation of this Decree.

The Presidents of the People’s Committees of the provinces and cities directly under the Central Government crossed by the railways shall base themselves on the situation and characteristics of their localities to work out concrete plans to implement this Decree.

Article 66.- The Ministers, the Heads of the ministerial-level Agencies, the Agencies attached to the Government, the Presidents of the People’s Committees of the provinces and cities directly under the Central Government shall have to implement this Decree.

On behalf of the Government

The Prime Minister