ĐIỀU KHOẢN THI HÀNH[12]

LAW

ON RAILWAY TRANSPORT

The Law on Railway Transport No. 06/2017/QH14 dated June 16, 2017 of the National Assembly, which has been effective since July 01, 2018, is amended by:

1. Law No. 35/2018/QH14 dated November 20, 2018 of the National Assembly on amendments to some Articles concerning planning of 37 laws, which has been effective since January 01, 2019.

2. The Law on Prices No. 16/2023/QH15 dated June 19, 2023 of the National Assembly, which has been effective since July 01, 2024.

3. The Law on Land No. 31/2024/QH15 dated January 18, 2024 of the National Assembly, which has been effective since August 01, 2024[1];

4. The National Assembly’s Law No. 43/2024/QH15 dated June 29, 2024 on amendments to certain Articles of Law on Land No. 31/2024/QH15, Law on Housing No. 27/2023/QH15, Law on Real Estate Business No. 29/2023/QH15 and Law on Credit Institutions No. 32/2024/QH15, which has been effective since August 01, 2024.

Pursuant to the Constitution of the Socialist Republic of Vietnam;

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Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Law provides for planning for, investment in, construction, protection, management, maintenance and development of railway infrastructures; railway industry, railway vehicles; railway signals, railway rules and railway safety; railway business; rights and obligations of organizations and individuals involved in railway activities; state management of railway activities.

Article 2. Regulated entities

This Law applies to domestic and foreign organizations and individuals related to railway activities within the territory of Socialist Republic of Vietnam.

Article 3. Definitions

For the purposes of this Law, the terms below are construed as follows:

1. “road-rail bridge” means a bridge with deck shared by both railway vehicles and road vehicles.

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3. “evident permission” means an evidence permitting railway vehicles to move into a block, and is expressed by color light signals, semaphore signals, line cards, licenses, line notes.

4. “maximum load order” means the regulation on the permissible maximum load per axle and the permissible maximum even-spread load according to the length of railway vehicles, and is applied to each bridge, segment, block, section or railway line.

5. “maximum speed order” means the regulation on the speed limits applied to railway vehicles running on each bridge, segment, block, section or railway line.

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

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

8. “depot” means a place where trains are housed for maintenance, repair and other professional procedures are followed.

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

10. “high-speed rail” means a type of electrified double-track national railway which has a speed of at least 200 km/h and a gauge of 1,435 mm.

11. “railway station” means a place where railway vehicles stop, shunt, overtake, pick up or disembark passengers, cargoes are handled, other professional procedures are followed and other services are provided.

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13. “oversized cargo” means non-divisible cargo whose size, once loaded, exceeds the dimensional limits of the locomotive and the coach of corresponding gauges.

14. “railway activities” include railway planning, railway operation, railway safety assurance and other relevant activities.

15. “railway infrastructure” means railway works, safety perimeter of the railway work and railway safety corridor.

16. “platform” means a railway work in the station in service of passengers getting on or off the train and cargo handling.

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

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

19. “section” means a collection of some blocks and successive railway stations, which is identified according to train operation.

20. “railway infrastructure business” means the performance of one, several or all activities of investing, using, selling, leasing or transferring the right to use railway infrastructure to serve rail transport and other commercial services for profit.

21. “rail transport business” means the transport of passengers, luggage and cargoes by train for profit.

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23. “illegal crossing” means an intersection with road or railway and is built and used without the permission by competent authorities.

24. “at-grade intersection” means a place where two or more roads cross at the same level.

25. “grade-separated junction” means a place where two or more surface transport axes at different heights.

26. “railway vehicle” includes locomotives, coaches and dedicated vehicles on rail tracks.

27. “railway line” means one or multiple successive sections, beginning from the first railway station to the terminus.

28. “train” means a railway vehicle formed by locomotives and coaches or single locomotive, motive power coaches, and motive power dedicated vehicles moving on rail tracks.

Article 4. Basic rules for railway activities

1. Ensure continuous, orderly, safe, accurate and efficient rail transport; facilitate people’s travel, contribute to socio-economic development, ensure national defense and security, and protect the environment.

2. Develop rail transport according to the planning and plan in combination with other modes of transport and international integration to ensure civilization, modernity and uniformity.

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4. Separate the state management by regulatory authorities from business management by enterprises; the railway infrastructure business from state-invested rail transport business.

5. Ensure healthy and fair competition among organizations and individuals of all economic sectors doing railway business.

Article 5. State policies on railway development

1. Give priority to investment in sources for development, upgrade, maintenance and protection of national and urban railway infrastructure to ensure that rail transport plays a key role in national transport system.

2. Encourage, assist, enable and protect rights and legitimate interests of domestic and foreign organizations and individuals involved in investment in railways and railway business.

3. Provide land according to the planning to develop railway infrastructure and railway industry works.

4. Encourage and assist in development of railway industry, research, apply advanced science and technology, high technology, train human resources for development of modern railways.

5. Encourage and enable organizations and individuals to develop the specialized railway system.

6. Give priority to allocation of central government budget to annual and medium-term public investment plan at a reasonable rate to ensure railway infrastructure is developed according to the planning.

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Article 6. Incentives and support for investment in railway activities

1. Railway infrastructure business, rail transport business, urban railway business and railway industry are business lines eligible for investment incentives.

2. An organization or individual involved in railway activities shall be eligible for incentives and support as follows:

a) They are allocated land without paying land levy on the land area used for construction of urban and railway infrastructure; the land for construction of dedicated railway infrastructure and railway industrial work shall be exempted from land rent;

b) According to the actual sources, the State shall lend them a fund charged at the interest rate of preferential investment from the State investment or they shall be provided with government-guaranteed loans according to regulations of the law on management of public debt for development of national and urban railway infrastructure; investment in and procurement of railway vehicles, machines and equipment for railway maintenance; development of railway industry;

c) The railway infrastructure enterprise, urban railway enterprise and railway industry enterprise shall be eligible for incentives for enterprise income tax rate according to regulations of the Law on Enterprise Income Tax;

d) They shall enjoy exemption from import duties on machines, equipment, components, railway vehicles, raw materials for manufacture of machines and equipment or spare parts of machines and equipment necessary for construction of railway infrastructures that are yet to be domestically produced.

3. An organization or individual invested in construction of national and urban railway infrastructure shall be provided with funding by the State for clearing the land for rail transport that is used for construction of railway infrastructures.

4. An organization or individual doing railway infrastructure business shall be provided with a separate frequency bands in service of the control of rail transport and traction power network in service of train operation.

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1. Railway network planning means the national sector planning and serves as a basis for orientating investment, development and operation of railway network.

2. The Ministry of Transport shall organize the formulation of railway network planning and submit it to the Prime Minister for approval in accordance with regulations of law on planning.

Article 7a. Railway line and railway station planning[4]

1. The railway line and railway station planning means the detailed planning aimed at realizing the national comprehensive planning and railway network planning and is tailored for national railway lines, national railway stations in urban areas, major national railway stations international railway stations.

2. The railway line and railway station planning contains at least:

a) Railway line, start point, end point, line length, track gauges, main points of horizontal control, bridges, tunnels, points of intersection; location of railway stations and depots;

b) A plan for connection with modes of road, inland waterway, maritime and air transport; connection with the system of urban areas, economic zones, tourism areas, industrial parks and export-processing zones;

c) Demand for land, demand for investment and roadmap for implementation of planning in order of investment priority;

d) Solutions for organizing the implementation of the planning.

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4. The railway line and railway station planning shall be published as prescribed by the law on planning and law on railway transport.

5. The Government shall elaborate the formulation, appraisal, approval, publishing, implementation, assessment and adjustment of the railway line and railway station planning.

Article 8. International cooperation in railway transport

1. International cooperation in railway transport must ensure independence, sovereignty, territorial integrity and national interests; satisfy the need for international cooperation; comply with treaties to which the Socialist Republic of Vietnam is a signatory.

2. Give priority to regional and international cooperation in rail transport business; railway infrastructure investment and business; development of railway industry; scientific research, technology transfer; provision of training for human resources.

3. Ministries and ministerial agencies shall take charge and cooperate with the Ministry of Transport in facilitating customs clearance at international railway stations.

Article 9. Prohibited acts in railway activities

1. Sabotaging railway works and railway vehicles.

2. Encroaching upon railway safety corridors and safety perimeters of railway works.

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4. Tampering with works and railway signaling; covering or tampering with railway signals.

5. Obstructing the train operation; arbitrarily using signals or equipment to stop trains, unless a threat to railway safety is found.

6. Trespassing fences or barriers of level crossings when the block signal is given; trespassing fences that separate a railway from adjacent areas.

7. Discharging untreated sewage onto railways; placing obstacles and dumping hazardous substances or waste on railways; illegally placing flammable or explosive substances within safety perimeters of railway works and railway safety corridors.

8. Herding animals and trading goods on railways and within safety perimeters of railway works and railway safety corridors.

9. Walking, standing, lying, sitting or performing other acts on roofs of coaches, locomotives, steps; hanging, standing, sitting on sides of coaches, locomotives, or connectors; opening train doors, poking the head, arm, leg, or other things out of the coach when the train is running, except for railway workers and law enforcement officers on duty.

10. Walking, standing, lying, sitting or performing other acts on railway lines, except for railway workers and law enforcement officers on duty.

11. Throwing earth, stones or other objects at or from the train.

12. Bringing or transporting prohibited goods or animal that carries contagious diseases to the station or to the train; illegally bringing or transporting wild animals, radioactive/flammable/explosive substances and dangerous goods to the station or the train; bringing or transporting corpses or bones to the station or to the train running on urban railways.

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14. Allowing any railway vehicle or equipment that fails to meet technical safety requirements to operate on railways; using cargo coaches to transport passengers; changing the structure, design or functions of vehicles without permission; assigning or allowing another person who is ineligible to operate a railway vehicle.

15. Assembling coaches that contain animals, stinky goods, flammable/explosive substances, hazardous substances, or other dangerous goods into a passenger train.

16. Operating trains in excess of the speed limits.

17. Railway workers directly serving train operation are under influence of alcohol or other banned stimulants in the performance of their duties.

Chapter II

RAILWAY INFRASTRUCTURE

Section 1. GENERAL PROVISIONS

Article 10. Vietnamese railway system

1. Vietnamese railway system includes national railway, urban railway and dedicated railway. To be specific:

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b) Urban railway satisfies the transport demands of passengers in urban areas and surrounding areas;

c) Dedicated railway satisfies the transport demands of each organization or individual.

2. The power to introduce and adjust of the railway system:

a) National railway or dedicated railway that is connected to the national railway shall be introduced and adjusted by the Minister of Transport; the urban railway that is connected to or shares the national railway shall be introduced and adjusted by the Minister of Transport after the agreement with the President of People’s Committee of the province which the urban railway passes through is reached;

b) Urban railway or dedicated railway that is not connected to the national railway shall be introduced or adjusted by the President of People’s Committee of province; in the cases where the urban railway or dedicated railway that is not connected to the national railway passes through 02 provinces or more, the Minister of Transport shall introduce and adjustment after receiving comments from the Presidents of People’s Committees of these provinces.

3. The power to name railway lines and stations; to decide inauguration of railway lines and stations; to cease operation and remove lines:

a) The Government shall specify the naming of railway lines and stations and removal of railway lines and stations;

b) The Minister of Transport shall decide inauguration of national railway lines and stations or cease their operation;

c) The President of the provincial People’s Committee shall decide inauguration of urban railway lines and stations or cease their operation;

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Article 11. Railway infrastructure assets

1. Railway infrastructure assets include:

a) Railway infrastructure assets directly serving train operation include railway works, work items or other auxiliary works directly serving train operation, passenger and cargo loading and unloading;

b) Railway infrastructure assets not directly serving train operation are railway infrastructure assets other than those specified in Point a of this Clause.

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

a) The Government shall act as a representative of the owner, perform uniform management of railway infrastructure assets in accordance with regulations of the law on management and use of public property;

b) The Ministry of Transport shall perform tasks and exercise powers of the owner’s representative in respect of national railway infrastructure assets;

c) Every provincial People’s Committee shall perform tasks and exercise powers of the representative of the owner in respect of urban railway infrastructure assets;

d) Every railway infrastructure enterprise shall use, operate and protect railway infrastructure assets that are allocated, leased out or transferred by the State in accordance with regulations of law.

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4. The Government shall specify a list of railway infrastructure assets prescribed in Clause 1 of this Law; shall manage and use the State-invested railway infrastructure assets.

Article 12. Land for rail transport

1. [5] (repealed)

2. Use of land for rail transport shall be specified as follows:

a) Land for rail transport shall be used for construction of railway works and ensure rail transport safety according to the land use plan and planning approved by a competent authority;

b) In the cases where part of the land area for rail transport must be used to construct essential works in service of national defense and security or socio-economic development, such works must not affect the railway work and rail transport safety and must be licensed in accordance with regulations of the Minister of Transport;

c) An organization or individual that is allocated, leased out or transferred railway infrastructure shall use the land for rail transport according to the planning approved by a competent authority and regulations of law.

3. Management of land for rail transport shall be specified as follows:

a) Regulatory authorities shall manage land for rail transport in accordance with regulations of the Law on Land;

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c) People’s Committees at all levels shall manage the land dedicated to rail transport and the land within railway safety corridors;

d) Land for rail transport that is located within the land for airports, civil aerodromes and seaports shall be managed in accordance with regulations of law on land.

4. The Government shall elaborate this Article.

Article 13. Grading for railway lines

1. National railways, urban railways and dedicated railways shall be classified into several grades. Each grade shall come with corresponding standards.

2. The establishment, approval and announcement of standards in grading for railway lines shall be compliant with regulations of the Law on Technical Regulations and Standards.

Article 14. Gauges

1. National railway or dedicated railway that is connected to the national railway has a standard gauge of 1,435 mm or a narrow gauge of 1,000 mm.

2. New national railway and urban railway have a standard gauge of 1,435 mm. Other gauges shall be specified by the Prime Minister

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Article 15. Connection of rails of railway lines

1. Rails of domestic railway lines must be connected at railway stations.

2. Only national railway is connected to the foreign railway. The Prime Minister shall decide the rail connection between national railway and foreign railway.

3. The Minister of Transport shall specify conditions and procedures for the connection of urban railway and dedicated railway with the national railway; and the rail connection between urban railway lines.

4. Organizations and individuals shall specify the connection between the dedicated railway and dedicated railway in which they invested.

Article 16. Railway stations

1. Railway station is classified as follows:

a) Passenger stations used for passenger loading and unloading, and provision of services related to passenger transport, professional procedures and other commercial purposes;

b) Cargo stations used for transfer, receipt, handling and storage of cargoes, and provision of other services related to cargo transport and professional procedures;

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d) Mixed stations having functions of 02 or 03 types of stations set forth in Points a, b and c of this Clause.

2. A railway station must meet the following requirements:

a) Depending on the grading for railway stations, a railway station must have terminals, squares, warehouses, yards, platforms, fences, service areas, necessary equipment and other works related to railway activities;

b) A railway station must have its own name, and information and instructions for passengers. The name must not be identical and must be appropriate to locations, local history, culture and fine traditions and customs. At stations along the national railway in grade-III or above urban areas, key stations and international stations, there must be working offices for regulatory authorities involved in railway activities according to the planning approved by a competent authority.

c) A railway station must have an emergency exit system; fire safety and fighting system; power supply system, lighting system, ventilation system; water supply and drainage system; systems ensuring environmental safety and other technical requirements;

d) A passenger station must have works and equipment accessible to the disabled and prioritized subjects according to regulations of law; emergency telephone system and first aid supplies;

dd) An international station or central station must have an architecture that shows the history and traditional cultural identity of each region. A high-speed rail station must have control equipment to ensure security and safety;

e) At a national railway station or urban railway station, offices and trade and service facilities may be built.

3. The vertical area of a station shall be determined according to the strip of land from station-entry signaling position on one side to the station-entry signaling position on the other side; the horizontal area of a station shall be determined according to the land area inside the fence or boundary marker of the station according to the planning approved by a competent authority.

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Article 17. Railway crossings and rail junctions

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

2. A rail crossing has to be grade-separated in the following cases:

a) Railways with the designed speed of 100 km/hour or higher intersect roads;

b) Railways intersect roads of grade III or above; railways intersect urban roads;

c) Urban railways intersect roads, except for tramways.

3. The investor in a new railway line shall build grade-separated flying junctions and grade separated junctions according to Clause 1 and Clause 2 of this Article. The investor in a new road shall build grade-separated junctions according to Clause 2 of this Article.

4. In the cases other than those specified in Clause 2 of this Article or where a grade-separated crossing is yet to be feasible, People's Committees at all levels, railway infrastructure enterprises, project investors or organizations and individuals wishing to cross railways must observe the following regulations:

a) The place where the level crossing will be built must be licensed by a competent authority.

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5. The Minister of Transport shall elaborate on:

a) Level crossing, traffic at level crossing; issuance and renewal of construction permit, improvement, upgrade or removal of level crossing;

b) Road-rail bridge, traffic at road-rail bridge;

c) Connection of traffic lights at level crossings, provision of safety information at road-rail intersections.

6. The Government shall specify the methods and road map for dealing with railroad crossings and rail junctions that are not conformable with the regulations of this document, illegal crossings.

Article 18. Road-rail bridge

1. In case of a road-rail bridge, road/railway must lie outside the traffic safety corridor of the other road/railway; in case of difficult terrain, a protection work must be built on the road's edge close to the railway, except for the cases where the top of the rail is at least 03 meters higher than the road surface.

2. In case of a road-rail bridge, the vertical distance from the highest point of the underneath surface of the road or the underneath top of the rail of the railway to the lowest point of the above span equals the vertical clearance of the work below.

Article 19. Fixed-block signaling system

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a) Signal posts, signal lights;

b) Signs, landmarks;

c) Signs;

d) Fences;

dd) Boundary markers;

e) Other signals.

2. The fixed-block signaling system must be constructed and installed in conformity with grades and types or railways; ensure smooth operation.

Section 2. INVESTMENT IN CONSTRUCTION, MANAGEMENT AND MAINTENANCE OF RAILWAY INFRASTRUCTURE

Article 20. Investment in construction of railway infrastructure

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2. The contribution of state capital to an investment project for the development of national and urban railway infrastructure in the form of public-private partnerships during the construction period or throughout project life cycle shall be decided by the Prime Minister.

3. The Minister of Transport and People’s Committees of provinces shall plan and launch the railway work project under their management according to regulations of law.

Article 21. Management and maintenance of railway infrastructure

1. The railway infrastructure to be put into operation must undergo inspections according to regulations of law.

2. Responsibility for management and maintenance of railway infrastructure:

a) The Minister of Transport shall specify the management and maintenance of national railway infrastructure; organize the management and maintenance of state-invested national railway infrastructure;

b) Provincial People’s Committees shall specify the management and maintenance of urban railway infrastructure; organize the management and maintenance of state-invested urban railway infrastructure;

c) Railway infrastructure enterprises shall carry out maintenance of state-invested railway infrastructure assigned by or leased out or transferred by the State;

d) Organizations and individuals shall manage and carry out maintenance of railway infrastructure in which they invested in accordance with regulations of law.

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1. Financial sources for management and maintenance of state-invested railway infrastructure shall be covered by the state budget; revenues from the use of railway infrastructure and other revenues that are used in accordance with regulations of law.

2. The Ministry of Transport shall manage and use the financial sources provided for management and maintenance of state-invested national railway infrastructure.

3. Provincial People’s Committees shall manage and use the financial sources provided for management and maintenance of state-invested urban railway infrastructure.

4. Organizations and individuals shall manage and use their own financial sources for management and maintenance of urban railway infrastructure in which they invested.

Section 3. PROTECTION OF RAILWAY INFRASTRUCTURE

Article 23. Protection of railway infrastructure

1. The protection of railway infrastructure includes the following activities: assurance of railway infrastructure safety; prevention of and response to railway accidents and damage to railway infrastructure caused by natural disasters; prevention and imposition of penalties for acts of encroaching upon or sabotaging railway works, safety perimeters of railway works and railway safety corridors.

2. The safety perimeter of a railway work is the perimeter determined by the space, surrounding land and water areas adjacent to the railway work and is meant for management and protection of the railway work and assurance of railway work safety, including:

a) Safety perimeter of a railway;

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c) Safety perimeter of a railway tunnel;

d) Safety perimeter of a railway station or depot;

dd) Safety perimeter of a railway signaling system or power supply system;

e) Safety perimeter of other railway works.

3. The railway safety corridor is the corridor determined by the space, surrounding land and water areas adjacent to safety perimeter of the railway and used for ensuring rail transport safety; serving the recue and ensuring that road users’ vision is not blocked.

4. Construction of works, exploitation of natural resources and conduct of other activities in the vicinity of areas of land for rail transport shall be carried out as follows:

a) Construction of works, exploitation of natural resources and conduct of other activities in the vicinity of areas of land for rail transport shall not affect railway work safety and rail transport safety;

b) In the cases where the construction of works, exploitation of natural resources and conduct of other activities in the vicinity of areas of land for rail transport may affect railway work safety or rail transport safety, the investor, organization or individual exploiting natural resources and conducting other activities shall take measures to ensure the railway work safety and railway safety;

c) The investor, organization or individual exploiting natural resources and conducting other activities shall provide compensation for the damage caused to railway works and rail transport safety in accordance with regulations of law.

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Article 24. Responsibility for protection of railway infrastructure

1. The Ministry of Transport shall have the following responsibilities for protection of the state-invested national railway:

a) Organize and provide guidance on the protection of railway infrastructure;

b) Take charge and cooperate with the Ministry of Public Security, Ministry of National Defense and People’s Committees of provinces which railways pass through in protecting railway works of special importance;

c) Inspect the implementation of regulations of the law on management and protection of railway infrastructure.

2. People’s Committees at all levels which railways pass through shall:

a) Take charge and cooperate with railway infrastructure enterprises in preventing and imposing penalties for infringement upon railway infrastructure and rail transport safety within the area;

b) Inspect the implementation of regulations of the law on management and protection of railway infrastructure.

3. Railway infrastructure enterprises shall:

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b) In case of infringement upon land for rail transport, promptly prevent and report such to a competent authority.

4. All organizations and individuals using railway infrastructure for transport shall comply with regulations on assurance of railway infrastructure safety.

5. All organizations and individuals shall protect railway infrastructure and participate in emergency response to the damage to railway works. When the damage to a railway work or infringement upon railway infrastructure is found, promptly inform the nearest People’s Committee, railway infrastructure enterprise or police station. When informed, the recipient must take measures to ensure rail transport safety.

Article 25. Preventing and responding to railway accidents and damage to railway infrastructure caused by natural disasters

1. Railway infrastructure enterprises shall:

a) Formulate and implement a plan to prevent and respond to railway accidents and damage to railway infrastructure caused by natural disasters to ensure the safety of railway infrastructure that is assigned by or leased out or transferred by the State;

b) Take other responsibilities in accordance with the Law on Natural Disaster Management.

2. Organization and individuals shall prevent and respond to railway accidents and damage to railway infrastructure in which they invested caused by natural disasters in accordance with regulations of law.

3. The Ministry of Transport shall direct relevant organizations and individuals to prevent and respond to railway accidents and damage to the state-invested national railway infrastructure caused by natural disasters in accordance with regulations of law

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5. Ministries, ministerial agencies, governmental agencies and People’s Committees at all levels shall prevent and respond to railway accidents and damage to railway activities caused by natural disasters in accordance with regulations of law.

Chapter III

DEVELOPMENT OF RAILWAY INDUSTRY AND RAILWAY VEHICLES

Section 1. DEVELOPMENT OF RAILWAY INDUSTRY

Article 26. Railway industry

1. Railway industry includes:

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

b) Manufacturing of specialized components, accessories, supplies and equipment for railways.

2. The Government shall specify a list of specialized components, accessories, supplies and equipment for railways set forth in Point b Clause 1 of this Article.

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1. [6] The railway network planning and Vietnam industry development strategy from time to time must be conformed to.

2. The railway industry development must synchronize with railway infrastructure development, rail transport services, and ensure safety and environmental safety in accordance with regulations of law.

3. Investment in production line and transfer of technology to railway industry must ensure uniformity and modernity.

Article 28. Investment in railway industry

1. The State encourages domestic and foreign organizations and individuals to invest in and develop railway industry.

2. The State invests in construction and maintenance of railways that connect national and urban railways with railway industry establishments according to the planning.

3. Railway industry enterprises shall invest in, upgrade and maintain railway infrastructure and railway industry works themselves within the premises of railway industry establishments.

Article 29. Science and technology research and application, human resource training and development, technology transfer in railway industry

1. The railroad technologies received and applied must be advanced, can be mastered and developed.

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3. The science research and application, technology transfer and human resource training and development must be conformable with regulations of law on education and vocational education, law on science and technology and law on technology transfer.

Section 2. RAILWAY VEHICLES

Article 30. Roadworthiness of railway vehicles

1. Roadworthiness of railway vehicles:

a) Comply with national technical regulation on technical safety and environmental safety;

b) Have a railway vehicle registration certificate issued by a competent authority;

c) Have a certificate of technical safety and environmental safety or an unexpired certificate of periodic inspection of technical safety and environmental safety issued by a competent authority.

2. If operating for special purposes, railway vehicles shall be compliant with the regulations imposed by the Minister of Transport.

Article 31. Registration of railway vehicles

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a) Have lawful origins;

b) Satisfy the national technical regulation on technical safety and environmental safety.

2. Upon change of functions or main specifications, the vehicle owner shall reapply for the railway vehicle registration certificate.

3. Upon the transfer of ownership, the new owner of the railway vehicle must reapply for the railway vehicle registration certificate under the new owner's name.

4. The railway vehicle owner shall make a declaration and return the railway vehicle registration certificate to cancel registration in the following cases:

a) His/her railway vehicle is no longer used for rail transport;

b) His/her railway vehicle is lost or damaged.

5. The Minister of Transport shall specify the issuance, reissuance, revocation and cancellation of railway vehicle registration certificate.

Article 32. Registration for inspection of railway vehicles

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2. During operation, the railway vehicle must be still within its service life according to Government’s regulations, periodically inspected and issued with a certificate of technical safety and environmental safety by a Vietnamese registry.

3. The railway vehicle owner is responsible for repair, maintenance and satisfaction of national technical regulation on technical safety and environmental safety between the two inspections carried out by the registry.

4. The Minister of Transport shall specify:

a) National technical regulation on technical safety and environmental safety;

b) Requirements for facilities and technical infrastructure of the registry;

c) Standards to be satisfied by inspectors;

d) Inspection, issuance, reissuance and revocation of the certificate of technical safety and environmental safety.

Article 33. Information, instructions and equipment provided for passengers, safety equipment on railway vehicles

1. A railway vehicle must satisfy the following requirements:

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b) The railway vehicle must have necessary equipment and amenities to serve passengers, safety equipment, escape equipment; fire-fighting equipment and materials; first-aid kits and equipment for the disabled.

2. The Minister of Transport shall elaborate this Article.

Article 34. Conditions for import of railway vehicles

1. Any railway vehicle that is imported to run on railways must satisfy Vietnam’s national technical standards and regulations and must be issued with a certificate of technical safety and environmental safety by a registry.

2. The import of railway vehicles must be compliant with regulations of the law on import and export.

Chapter IV

RAILWAY WORKERS DIRECTLY SERVING TRAIN OPERATION

Article 35. Railway workers directly serving train operation

1. Railway workers that directly serve train operation include:

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b) Drivers, co-drivers;

c) Train dispatchers;

d) Traffic controllers;

dd) Shunting commanders;

e) Pointsmen;

g) Workers responsible for the coupling;

h) Road, bridge and tunnel patrolling staff;

i) Level crossing and road-rail bridge flagmen;

k) Other workers according to each type of railway.

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a) He/She must have appropriate qualification in accordance with regulations of law;

b) He/She must be physically fit for work and periodic health check-up certificates according to regulations made by the Minister of Health;

c) Apart from the conditions set forth in this Clause, the driver must have a train driving license.

3. A railway worker that directly serves train operation has the following responsibilities while working:

a) Perform his/her tasks according to his/her respective title, or rank, and national technical regulations on railway transport;

b) Strictly obey the train operation commands; observe regulations and instructions from superiors;

c) Wear uniform, badge and name tag as prescribed.

4. The Minister of Transport shall specify:

a) Standards, responsibilities and powers of railway workers directly serving train operation;

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c) Workers directly serving train operation set forth in Point k Clause 1 of this Article.

Article 36. Train driving license

1. The train driving license shall be issued to the person directly driving railway vehicles as prescribed in this Law.

2. The holder of train driving license shall only drive the railway vehicle specified in the license.

3. The holder of train driving license must satisfy the following conditions:

a) Man is from 23 to 55 years of age, woman is from 23 to 50 years of age; he/she must be physically fit for work;

b) He/She must have a railway vehicle driving degree or a certificate issued by a training institution;

c) He/She has worked as a co-driver according to regulations made by the Minister of Transport;

d) He/She has passed relevant railway vehicle operation test.

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Chapter V

RAILWAY SIGNALS, RAILWAY RULES AND RAILWAY SAFETY

Section 1. RAILWAY SIGNALS AND RAILWAY RULES

Article 37. Railway signals

1. A railway signaling system includes orders of the person involved in train operation, onboard signals and ground signals, signs, detonators and torches. Signals indicate orders and conditions for train operation, shunting and stopping.

2. The railway signaling system must be adequate, accurate and clear, ensure safety and improve train performance.

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

4. The Minister of Transport shall elaborate on railway signals.

Article 38. Railway rules

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2. Regulations on train operation dispatching command:

a) The operation of train in each section shall be only commanded by a train dispatcher. Train operation order must be carried out under the command of the train dispatcher. Train dispatcher, traffic controller, train captain and driver must strictly obey the commands of the train dispatcher;

b) Within the railway station area, train dispatcher or traffic controller is the person who issues the train operation commands. Train captain and driver must obey the orders of the person issuing train operation commands or obey the signals;

c) On a train, the train captain is the commander in chief ensuring train operation safety;

d) On the train without train captain, single locomotive and train running on urban railway, driver is the commander in chief ensuring train operation safety.

3. Regulations on train assembly:

a) The train assembly must satisfy standards and regulations on railway;

b) Each coach must satisfy technical standards and regulations on safety so that it can be coupled.

4. Regulations on train shunting:

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b) During train shunting, the driver must obey the command of the shunting commander.

5. Regulations on train operation:

a) During train operation, the driver must obey the following regulations:

Run the train from and through the station, stop train or dodge another train at the station under the orders from the traffic controller.

The train may only enter the block with an evident permission.

The train may only enter and pass through the station via color light signals, semaphore signals and signals from the urban traffic controller.

Operate the train at the speed prescribed in Article 42 of this Law.

During train operation, the driver and co-driver on duty must not leave the working position;

b) The passenger train shall only run when all doors of passenger coach have been closed. Doors of passenger coach shall only be opened when the train completely stops at the railway station.

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a) Train dodging and overtaking must be carried out at a railway station;

b) The driver shall carry out train dodging and overtaking on national and specialized railways under the orders from the traffic control; and on urban railways under the orders from the urban train dispatcher.

7. Regulations on train stopping and reversing:

The driver must stop the train when the stop signal is given; in case a threat to train operation is found or emergency stop signal is given, the driver is allowed to immediately stop or reverse the train. In case train is immediately stopped or reversed, the train captain or driver shall inform the train station as prescribed.

8. The Minister of Transport shall elaborate this Article.

Article 39. Traffic at level crossings, road-rail bridges, and tunnels

1. At level crossings and road-rail bridges, railway vehicles shall be given priority.

2. The driver must blow the train whistle before entering a level crossing, road-rail bridge or tunnel; switch on the headlights when running through a tunnel.

3. Road users traveling through level crossings and road-rail bridges must comply with regulations of the Law on Road Traffic and this Law.

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Section 2. RAILWAY SAFETY ASSURANCE

Article 40. Railway safety assurance

1. Assurance of railway safety includes:

a) Assuring safety of people, organizations and individuals’ vehicles and assets upon rail transport;

b) Assuring uniform and concentrated rail transport;

c) Preventing and fighting against infringement upon railway works and illegal occupation of railway safety corridors;

d) Measures for prevention of accidents on railways and at at-grade intersections between railways and roads.

2. Organizations and individuals must comply regulations of the law on assurance of railway safety.

3. Rail transport offences must be promptly detected and handled in accordance with law.

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Article 41. Control of rail transport

1. Control of rail transport must be compliant with the following rules:

a) Be concentrated and uniform; comply with the published timetable;

b) Ensure safe and continuous rail transport in line with the timetable;

c) Ensure equality between rail transport enterprises.

2. Control of rail transport includes:

a) Establishing, distributing and publishing the timetable;

b) Ensuring uniform, concentrated, safe and continuous train operation in accordance with the published timetable, regulations on railway signals, railway rules and train operation order;

c) Giving command to the response to accidents on the railway;

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dd) Cooperating with international railway organizations in controlling rail transport;

e) Storing data on the control of rail transport in accordance with regulations of law.

3. The Minister of Transport shall specify the control of national and specialized rail transport.

4. People’s Committees of provinces shall specify the control of urban rail transport.

Article 42. Load, maximum load order and maximum speed order

1. The load of active train must not exceed the permissible load applied to each section and railway line according to the maximum load order.

2. The maximum load order shall be created according to technical conditions and bearing load of the work and bridge construction equipment.

3. The maximum speed order shall be created according to the permissible technical conditions, capacity of railway works and railway vehicle load.

4. The railway infrastructure enterprise shall create and publish the maximum load order and maximum speed order on the segment or railway line assigned to such enterprise.

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6. People’s Committees of provinces shall specify procedures for creating and publishing maximum load order and maximum speed order applied to trains running on urban railways.

Article 43. Timetables

1. A timetable provides a basis for train operation and is established on an annual, periodic and seasonal basis for each line and the entire railway network. The timetable must be established according to the principle of non-discrimination, must ensure rail transport safety and must be made publicly available.

2. The establishment of a timetable must depend on the following factors:

a) Transport enterprise’s demands, including time, payload, number of passengers and transport quality; transport lines, departure, transit and destination stations;

b) Capacity of the railway infrastructure and railway vehicles;

c) The time needed for maintenance and repair of railway works;

d) The order of priority of trains running on the same line.

3. The railway infrastructure enterprise shall establish and publish the timetable applied to trains running on the railway line which the enterprise manages.

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a) The Minister of Transport shall establish and publish the timetable and inspect the adherence to the timetable applied to trains running on national railway, specialized railway that is connected to the national railway, and urban railway sharing the national railway;

b) People's Committees of provinces shall establish and publish the timetable, and inspect the adherence to the timetable applied to trains running on urban railways, specialized railway that is connected to the national railway.

Article 44. Responsibility of organizations and individuals upon the occurrence of railway accidents

1. When a railway accident occurs, the relevant organization or individual must undertake the following missions:

a) Driver or another onboard railway worker must immediately stop the train;

b) The train captain shall assign railway workers and the person that is present at the scene to assist the victims, protect assets of the State and the victims and immediately inform the nearest rail transport control organization or railway station.

In case of damage to the train or railway, the train captain shall make an accident record and provide information relating to the accident at the request of a competent authority.

In case of no damage to the train or railway, the train captain shall keep operating the train after making the accident record and appointing another person to work with the competent authority on his/her behalf.

c) Upon receipt of notification, the rail transport control organization or railway station shall immediately inform the nearest police station and People’s Committee;

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2. For the train without train captain, in addition to immediately stopping the train upon the occurrence of a railway accident, the driver shall undertake the train captain’s missions as prescribed in Point b Clause 1 of this Article. In case of no damage to the train or railway, the driver shall be only allowed to keep operating the train after making the accident record and appointing another person to work with the competent authority on his/her behalf.

3. Another road user shall transport the victim to a health facility when passing through the place where the railway accident occurs unless that road user is on urgent mission.

4. People's Committees at all levels where the railway accident occurs shall cooperate with police stations and railway enterprises in assisting the victim and protect assets of authorities, organizations and individuals. The People's Committee of the commune where the railway accident occurs shall organize the burial of unidentified victims.

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

6. The Minister of Transport shall specify the response to railway accidents; shall analyze, produce statistics on and report railway accidents.

Article 45. Actions taken upon detection of railway accidents

1. The person who detects any act or accident that potentially obstructs or threatens rail transport safety shall inform the nearest railway station, railway authority, local authority or police station; in case of emergency, stop signals must be immediately sent to the train.

2. Upon receipt of notification or stop signal, the recipient must take immediate actions to ensure rail transport safety and inform the unit directly managing railway infrastructure, which will cooperate with relevant units in taking remedial measures.

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

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1. Every railway enterprise shall ensure rail transport safety under their management; cooperate with police stations and People’s Committees in preventing and taking actions against violations of the law on railway transport, and is responsible to the law for their decision.

2. Rail transport enterprises using the national railway network shall assemble onboard security forces.

3. The Government shall specify the organization, uniforms, badges, tasks and powers of onboard security forces. The equipment, management and use of support instruments of onboard security forces shall be compliant with regulations of the law on management and use of weapons, explosive materials and support instruments.

Article 47. Responsibility of Public Security Forces for rail transport safety assurance

1. The Public Security Force shall assume the following responsibilities within its jurisdiction:

a) inspect and search railway vehicles and their operators as prescribed by law;

b) investigate and respond to railway accidents and take actions against violations of the law on railway transport;

c) take charge and cooperate with transport inspectors, railway security forces, and relevant authorities, organizations and individuals in ensuring rail transport safety.

2. The Minister of Public Security shall specify procedures for inspecting the imposition of penalties for violations and investigating and responding to railway accidents.

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People’s Committees at all levels shall, within their jurisdiction, organize, direct and inspect the performance of the following tasks:

1. Disseminate and educate about the law on railway safety assurance;

2. Provide land area for construction of collector roads, flyovers, underpasses and fences to ensure rail transport safety when allocating and leasing out land along the railway safety corridor;

3. Take measures against illegal occupation of railway safety corridor and measures for railway safety assurance;

4. Improve safety at illegal crossings; gradually remove illegal crossings; be responsible for the appearance of new illegal crossings;

5. Provide sufficient funding for the assurance of rail transport within their jurisdiction;

6. Carry out inspections and take actions against violations of rail transport safety as prescribed by law;

7. Participate in the response to railway accidents as prescribed in Article 44 of this Law;

8. The head of the local government of the area which railways pass through must bear responsibility in case a railway accident occurs in the area under their management in accordance with regulations of law.

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RAILWAY BUSINESS

Section 1. RAILWAY BUSINESS ACTIVITIES

Article 49. Railway business activities

1. Railway business includes railway infrastructure business, rail transport business and urban railway business.

2. Railway business is a conditional business line.

3. The Government shall elaborate Clause 2 of this Article.

Section 2. RAILWAY INFRASTRUCTURE BUSINESS

Article 50. Railway infrastructure business

1. The state-invested railway infrastructure shall be assigned, leased out or transferred for a limited period of time to enterprises for operation in accordance with regulations.

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Article 51. Rights and obligations of railway infrastructure enterprises

1. A railway infrastructure enterprise has the following rights:

a) Use and operate railway infrastructure as prescribed;

b) Request organizations and individuals related to railway infrastructure to comply with technical standards and regulations on railway infrastructure;

c) Determine and propose rents for state-invested railway infrastructure within the scope of allocation, lease or transfer;

d) Suspend train operation when the railway infrastructure is found threatening train operation safety and be responsible to law for their decision;

dd) Receive compensation in case the damage to railway infrastructure is caused by the rail transport enterprise or another organization or individual;

e) Receive assistance from the State as prescribed in Clause 1 Article 68 of this Law;

g) Other rights prescribed by law.

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a) Manage and use railway infrastructure assets as prescribed by law;

b) Maintain the declared technical conditions and quality of the railway infrastructure to ensure safe and continuous rail transport;

c) Create and publish the maximum speed order, maximum load order and timetable applied to trains running on lines and sections to provide a basis for train operation;

d) Control rail transport on national and urban railways when assigned by the State. Provide railway authorities and customers with information about provision of rail transport control services and capacity of railway infrastructure upon request;

dd) Promptly report threats to train operation safety and suspension of train operation to the traffic controllers at two ends of the block where the threat is found, rail transport operators, or customers using railway infrastructure;

e) Undertake national defense and security missions and carry out special train operation order at the request of a competent authority;

g) The operating enterprise is liable for any damage it causes to the railway infrastructure asset that is assigned, leased out or transferred by the State;

h) Pay for use of railway infrastructure as prescribed;

i) Other obligations prescribed by law.

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Article 52. Rail transport business

1. Rail transport business includes passenger, luggage and cargo transport services.

2. The Minister of Transport shall specify the transport of passengers, luggage and cargoes on the national railway and specialized railway that is connected to the national railway.

3. People’s Committees of provinces shall specify urban rail transport business.

Article 53. Rights and obligations of rail transport enterprises

1. A rail transport enterprise has the following rights:

a) Be provided with technical and economic information, and rail transport control services related to the capacity of railway infrastructure;

b) Use railway infrastructure and rail transport control services on the railway network for rail transport business as prescribed;

c) Suspend train operation when the railway infrastructure is found threatening train operation safety, inform the railway infrastructure enterprise and be responsible to law for their decision;

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dd) Other rights prescribed by law.

2. A rail transport enterprise has the following obligations:

a) Organize the operation of trains in line with the timetables, maximum load orders and maximum speed orders published by the railway infrastructure enterprise;

b) Give priority to provision of transport services to serve special or social security missions at the request of a competent authority;

c) Stop trains upon receipt of notification given by a railway infrastructure enterprise;

d) Pay the railway infrastructure enterprise for use of railway infrastructure and rail transport control services;

dd) Satisfy all train operation safety requirements during operation;

e) Accept the instructions from a competent authority and cooperate with railway infrastructure enterprises in preventing and responding to railway accidents and damage caused by natural disasters in accordance with regulations of law;

g) Provide compensation as prescribed by law;

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i) Other obligations prescribed by law.

Article 54. Passenger and luggage transport contract

1. Passenger and luggage transport contract is the agreement between the rail transport enterprise and passenger on transport of passengers and luggage, whereby the rail transport enterprise shall transport passengers and luggage from the place of departure to the place of destination. The passenger and cargo transport contract shall specify the rights and obligations of the parties and be made in writing or in other forms agreed upon by the two parties.

2. A passenger ticket is the evidence of the conclusion of a passenger transport contract. The ticket shall be issued by the passenger transport enterprise as prescribed by law.

Article 55. Cargo transport contract

1. Cargo transport contract is the agreement between the rail transport enterprise and the consignor on transport of passengers and lug gages, whereby the rail transport enterprise shall transport cargoes from the place of departure to the place of destination and transfer cargoes to the consignee specified in the contract. The cargo transport contract shall define the rights and obligations of parties and be made in writing or in any other form agreed upon by the two parties.

2. The consignment invoice is part of the transport contract and issued by the rail transport enterprise as prescribed by law. The rail transport enterprise shall issue an invoice to the consignor after the cargoes are received from the consignor; the invoice shall bear signature of the consignor or the person authorized by the consignor. The consignment invoice is a documentary evidence of cargo delivery between the rail transport enterprise and consignor and is an evidence for settlement of disputes.

3. The consignment invoice must specify types of cargoes; signs and codes of cargoes; volume and weight of cargoes; place of delivery, place of receipt, name and address of consignors, name and address of consignees; freight and expenses incurred; other details inscribed in the invoices under the agreement between the rail transport enterprise and consignor; certification by the rail transport enterprise of condition of the transported cargoes.

Article 56. Rail transport freight

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2. The freight must be publicly posted at railway station and published through the media or on the website of the rail transport enterprise before it is applied.

3. The freight for transport of oversized and overweight cargoes shall be agreed upon by the rail transport enterprise and consignor.

4. The Government shall specify the exemption from and reduction in the freight for transport of passengers who are social policy beneficiaries.

Article 57. International transport

1. International transport is the transport from Vietnam to a foreign country, from a foreign country to Vietnam or transit through Vietnam to proceed to a third country by rail.

2. International rail transport must be compliant with regulations of the relevant treaties to which the Socialist Republic of Vietnam is a signatory.

Article 58. Provision of transport services for special or social security missions

1. Provision of transport services for special missions is the transport of people, cargoes and equipment for prevention and response to an accident, epidemic, or performance of a national defense and security mission.

2. Provision of transport services for social security missions is the transport of passengers on lines and sections in service of residential community of an area of which the State needs to protect common interests and such kind of services is likely to make a loss.

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Article 59. Responsibility to buy insurance for passengers

1. Every passenger transport enterprise must buy insurance for passengers; insurance premium is included in the ticket price.

2. The ticket and travel documents are the bases for payment of insurance payout upon occurrence of an insured event.

3. Provision of insurance for passengers shall be compliant with regulations of law on insurance business.

Article 60. Rights and obligations of passengers

1. A passenger has the following rights:

a) Enjoy all benefits according to his/her ticket class and do not have to pay for transport of the hand luggage taken with him/her if its weight and type do not violate regulations of the rail transport enterprise;

b) Return or change his/her ticket before the train leaves and bear all expenses (if any) as prescribed by the rail transport enterprise;

c) Receive a refund, compensation for damage and expenses incurred in case of loss of life or damage to health or property inflicted by the rail transport enterprise according to regulations of law;

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dd) Other rights prescribed by law.

2. A passenger has the following obligations:

a) Carry his/her ticket and luggage ticket, and protect his/her luggage;

b) Provide compensation if causing any damage or loss of assets of the rail transport enterprise;

c) Strictly obey the train rules and other relevant regulations of law.

Article 61. Rights and obligations of consignors

1. A consignor has the following rights:

a) Change the consignment contract even when cargoes have been consigned to the rail transport enterprise or cargoes have been loaded onto coaches, and bear expenses incurred due to change of transport contract;

b) Designate an alternative consignee when such cargoes are yet to be consigned to the previous consignee; change place of delivery or return the shipment, and bear all expenses incurred due to change of consignee and place of delivery;

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2. A consignor has the following rights:

a) Declare his/her cargoes in a truthful manner and take responsibility for such declaration;

b) Pay freight on schedule and according to the payment method specified in the contract;

c) Handle cargoes and fulfill conditions for transport of cargoes under the guidance of the rail transport enterprise;

d) Deliver cargoes to the rail transport enterprise on schedule and at the right place;

dd) Provide documents and other necessary information about the cargoes;

e) Provide compensation for any damage caused by their untruthful declaration of cargoes to the rail transport enterprise or other damage caused due to through their fault in accordance with law.

Article 62. Transport of dangerous cargoes

1. Dangerous cargo is the cargo that may threaten people’s health and lives, and environmental safety when transported by rail.

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3. Only the railway vehicle that satisfies all technical safety requirements is allowed to transport dangerous cargoes.

4. The Government shall specify a list of dangerous cargoes and conditions for handling and transport of dangerous cargoes by rail.

Article 63. Transport of live animals

The transport of live animals by rail must be compliant with regulations of law on safety, hygiene, epidemic prevention and environmental protection.

Article 64. Transport of corpses and bones by national railway

1. Escorts are required when corpses and bones are transported by national railway.

2. Assurance of hygiene, epidemic prevention, environmental safety and sufficient documents is required as prescribed by law when corpses and bones are transported by national railway.

Article 65. Transport of oversized and overweight cargoes

1. Upon transport of oversized and overweight cargoes, the rail transport enterprise shall prepare a plan for handling, securing, transport of cargoes, assurance of train operation and railway infrastructure.

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Section 4. FINANCIAL MANAGEMENT DURING RAILWAY BUSINESS

Article 66. Fees and prices for use of railway infrastructure

1. Fees and prices for use of railway infrastructure directly serving train operation are the payments for use of railway infrastructure directly serving train operation in order for a train to run through stations, on railway lines or sections.

a) Fees for use of railway infrastructure directly serving train operation are applied to the method of allocating state-invested railway infrastructure assets.

b) Prices for use of railway infrastructure directly serving train operation are applied to the method of leasing out or transferring the limited right to use state-invested railway infrastructure.

2. Prices for use of railway infrastructure not directly serving train operation are the payments for use of railway infrastructure not directly serving train operation.

3. The Ministry of Finance shall take charge and cooperate with the Ministry of Transport in specifying fees and prices for use of state-invested railway infrastructure.

Article 67. Prices for rail transport control services

1. Prices for rail transport control services are the payments for use of rail transport control services in order for train to run through station, on railway lines or sections.

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a)[9] The Ministry of Transport of Vietnam shall fixing the prices for provision of rail transport control services on the state-invested railway infrastructure in compliance with regulations of law on prices;

b) Organizations and individuals shall decide the prices for provision of rail transport control services on the railway infrastructure in which they invested.

Article 68. Provision of assistance for railway enterprises in undertaking special or social security missions

1. The State shall cover reasonable expenses incurred by the railway enterprise that provides transport services serving special or social security missions.

2. The Government shall elaborate this Article.

Article 69. Management and use of revenue from operation of state-invested railway infrastructure assets assigned, leased out or transferred by the State

The revenue from operation of the state-invested railway infrastructure assets assigned, leased out or transferred by the State shall be managed and used in accordance with regulations of law on management and use of public property.

Chapter VII

URBAN RAILWAYS

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1. [10] Development of urban railways must be conformable to the regional planning, provincial planning and urban planning, and facilitate urban development.

2. Other modes of transport shall be effectively connected in urban areas to serve the transport of passengers. Spatial and technical connections must be established between urban railway works and surrounding works to ensure uniformity according to the urban planning.

3. Urban railway works, vehicles and equipment must satisfy economic and technical requirements to ensure uniformity, safety and national defense and security, and requirements for fire safety, rescue, urban landscapes and environmental safety.

4. Urban railway safety corridors must meet the following requirements:

a) Do not plant trees or illegally construct works within corridors;

b) Be separated to prevent unauthorized access;

c) Serve the fire safety and rescue.

5. Ensure convenience for passengers and accessibility to the disabled in accordance with regulations of law.

Article 71. Types of urban railways

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2. The establishment and issuance of national technical standards and regulations on types of urban railways shall be compliant with regulations of law on technical regulations and standards.

Article 72. Policies on development of urban railways

1. The policies are specified in Article 5 of this Law.

2. The State mobilizes sources to develop urban railway into one of the main modes of transport in large urban areas.

3. The State provides assistance in urban railway business.

Article 73. Responsibility of People’s Committees of provinces for investment, construction and management of urban railways

1. Invest in, construct, manage and operate urban railways within their provinces.

2. Decide the application of standards to urban railways.

3. Provide guidance on the protection of railway infrastructure.

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Article 74. Rights and obligations of urban railway enterprises

1. Exercise rights and assume obligations of railway infrastructure enterprises and rail transport enterprises as prescribed in Article 51 and Article 53 of this Law.

2. Research and apply science and technology, and provide training to meet business requirements of enterprises.

Article 75. Requirements for urban railway infrastructure

1. Urban railway infrastructure must ensure stability and meet requirements for safety, environment and fire safety corresponding to the type of existing urban railway.

2. The traction power network must be controlled and monitored in a concentrated manner, stable and readily available when needed in order not to interrupt train operation.

3. Train operation management system must be operated in a concentrated manner.

4. Necessary information and instructions provided for passengers must be explicit in Vietnamese and English.

Article 76. Ticket control system

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2. The equipment of ticket control system shall prevent and restrict the damage and unauthorized access. 

3. The ticket control system shall be easy to access and use, and safe for passengers and railway workers.

Article 77. Safety management of urban railways

1. A newly built or upgraded urban railway shall be required of assessment and certification of system safety; assessed and issued with a Certificate of verification of urban railway system safety documents before it is put into operation.

2. Urban railway enterprises must build safety management system and issued with a certificate of urban railway operation safety management system.

3. The Minister of Transport shall specify the assessment and certification of urban railway system safety and issue the certificate of verification of system safety documents and certificate of urban railway operation safety management system.

Chapter VIII

HIGH-SPEED RAILS

Article 78. General requirements for high-speed rails

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2. Uniformity, modernity, safety and natural disaster preparedness, and environmental safety must be ensured.

3. An overall research on the entire line must be conducted and the rail must be constructed according to transport demands and capital mobilization.

4. High-speed rail works, vehicles and equipment must satisfy technical requirements to ensure uniformity, safety, efficiency and satisfy requirements for fire safety and rescue.

5. The ability of the management system to inspect and monitor train operation must be maintained.

6. Areas of land reserved for high-speed rails according to the planning approved by a competent authority shall have boundary marker planted under the construction planning for management and preparation for construction.

7. High-speed rail safety corridors must be carefully protected to prevent unauthorized access.

8. Ensure convenience for passengers and accessibility to the disabled in accordance with regulations of law.

9. Provision of training for human resources and technology transfer must be conformable to the construction plan and satisfy requirements for management and operation.

Article 79. Policies on development of high-speed rails

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2. The State plays a key role in the investment in, construction, management, maintenance and operation of high-speed rails, and high-speed rail business.

3. High-speed rails shall be developed in such a way that it can connect key economic regions, thereby boosting socio-economic growth.

4. High-speed rails shall be developed in a uniform and modern manner.

Article 80. Requirements for high-speed rail infrastructure

1. High-speed rail infrastructure must ensure stability and satisfy requirements for safety, environment and fire safety corresponding to the type of high-speed rail that is being invested in.

2. The traction power network must be controlled and monitored in a concentrated manner, stable and readily available when needed in order not to interrupt train operation.

3. Train operation management system must be operated in a concentrated manner.

4. Necessary information and instructions provided for passengers must be explicit in Vietnamese and English.

Article 81. Management, operation and maintenance of high-speed rails

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2. The investor shall provide funding for management and maintenance of the high-speed rail in which he/she invested.

3. The operation of high-speed rails must ensure safety, convenience and efficiency.

Article 82. Safety management of high-speed rails

1. A newly built or upgraded high-speed rail shall be required of assessment and certification of system safety before it is put into operation.

2. High-speed rail enterprises must build and maintain the safety management system.

Chapter IX

STATE MANAGEMENT OF RAILWAY ACTIVITIES

Article 83. State management of railway activities

1. [11] Formulate and organize the implementation of railway network planning, railway line planning, railway station planning and other relevant planning prescribed by the law on planning; formulate and organize the implementation of railway development plans and policies.

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3. Disseminate and educate about the law on railway transport.

4. Manage the investment in construction of railway infrastructure; announce the opening and closure of railway stations and lines.

5. Manage public investment in railway transport; manage the maintenance of railway infrastructure.

6. Manage the railway transport and rail transport control.

7. Manage the railway safety assurance; manage and ensure the safety of trains on special missions.

8. Manage natural disaster preparedness and search and rescue and investigate railway accidents.

9. Issue, reissue, recognize, revoke and cancel certificates and licenses relating to railway activities.

10. Organize the implementation of registration and inspection of railway vehicles.

11. Manage scientific and technological activities; provide training; protect the environment, respond to climate change and use energy economically and efficiently in railway activities.

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13. Manage prices, fees and charges in railway activities.

14. Inspect and deal with complaints and denunciations, and take actions against violations of law in railway activities.

Article 84. Responsibility for state management of railway activities

1. The Government shall perform uniform state management of railway activities.

2. The Ministry of Transport shall act as a conduit to assist the Government in performing state management of railway activities.

3. Ministries and ministerial agencies shall take charge and cooperate with the Ministry of Transport in performing state management of railway activities.

4. People’s Committees of provinces shall perform state management of railway activities.

Article 85. Communicating, disseminating and educating about law on railway transport

1. All organizations involved in railway activities shall communicate, disseminate law on railway transport to officials, public employees and staff under their management and educate them thereabout; cooperate with local governments at all levels which railways pass through in encouraging people to observe the law on railway transport.

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3. Information and communications authority shall organize the dissemination and communication of law on railway transport to the people on a regular basis.

4. Education and training authority shall provide instructions on the education about law on railway transport to educational institutions.

5. The Vietnamese Fatherland Front and its member organizations shall cooperate with relevant authorities and local governments in communicating law on railway transport and encouraging the people to observe it.

Chapter X

Article 86. Effect

1. This Law comes into force from July 01, 2018.

2. The Law No. 35/2005/QH11 shall cease to have effect from the effective date of this Law.

Article 87. Transitional clauses

1. Any railway work project that is approved before the effective date of this Law is not subject to reapproval; the subsequent operations that are yet to be conducted may be conducted as prescribed by this Law.

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3. Railway infrastructure enterprises shall take measures for assurance of train operation safety at level junctions that exist before the effective date of this Law but are not conformable with Clause 1 Article 17 of this Law.

4. People’s Committees at all levels shall take charge and cooperate with relevant regulatory authorities and railway infrastructure enterprises in taking measures for assurance of railway and road safety at illegal crossings that exist before the effective date of this Law but are yet to be handled as prescribed in Point b Clause 4 Article 17 of this Law./.

CERTIFIED BY

CHAIRMAN




Bui Van Cuong

[1] The effective date of the Law on Land No. 31/2024/QH15 is now August 01, 2024 (previously January 01, 2025) according to clause 2 Article 1 of the Law No. 43/2024/QH15 dated June 29, 2024 on amendments to certain Articles of Law on Land No. 31/2024/QH15, Law on Housing No. 27/2023/QH15, Law on Real Estate Business No. 29/2023/QH15 and Law on Credit Institutions No. 32/2024/QH15, which has been effective since August 01, 2024.

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 “The Constitution of the Socialist Republic of Vietnam;

The National Assembly hereby promulgates the Law on amendments to some Articles concerning planning of the Law on Road Traffic No. 23/2008/QH12, Vietnam Maritime Code No. 95/2015/QH13, Law on Railway Transport No. 06/2017/QH14, Law on Inland Waterway Transport No. 23/2004/QH11 whose Articles are amended by the Law No. 48/2014/QH13 and Law No. 97/2015/QH13, Law on Water Resources No. 17/2012/QH13 whose Articles are amended by the Law No. 08/2017/QH14, Law on Land No. 45/2013/QH13, Law on Environmental Protection No. 55/2014/QH13, Law on Minerals No. 60/2010/QH12, Law on Hydrometeorology No. 90/2015/QH13, Law on Biodiversity No. 20/2008/QH12, Law on Natural Resources and Environment Of Sea and Islands No. 82/2015/QH13, Law on Measurement No. 04/2011/QH13, Law on Technical Standards and Regulations No. 68/2006/QH11, Law on Quality of Products and Goods No. 05/2007/QH12, Law on Cyberinformation Security No. 86/2015/QH13, Law on Publishing No. 19/2012/QH13, Press Law No. 103/2016/QH13, Law on National Defense and Security Education No. 30/2013/QH13, Law on Management and Utilization of State Capital Invested in the Enterprises’ Manufacturing and Business Operations No. 69/2014/QH13, Law on Thrift Practice and Waste Combat No. 44/2013/QH13 whose Articles are amended by the Law No. 21/2017/QH14, Law on Securities No. 70/2006/QH11 whose Articles are amended by the Law No. 62/2010/QH12, Law on Cinematography No. 62/2006/QH11 whose Articles are amended by the Law No. 31/2009/QH12, Law on Advertising No. 16/2012/QH13, Law on Construction No. 50/2014/QH13 whose Articles are amended by the Law No. 03/2016/QH14, Law on Urban Planning No. 30/2009/QH12 whose Articles are amended by the Law No. 77/2015/QH13, Law on Petroleum 1993 whose Articles are amended by the Law No. 19/2000/QH10 and the Law No. 10/2008/QH12, Labor Code No. 10/2012/QH13 whose Articles are amended by the Law No. 92/2015/QH13, Law on Social Insurance No. 58/2014/QH13, Law on Health Insurance No. 25/2008/QH12 whose Articles are amended by the Law No. 32/2013/QH13, Law No. 46/2014/QH13 and Law No. 97/2015/QH13, Law on Prevention and Control of Infectious Diseases No. 03/2007/QH12, Law on Judicial Expertise No. 13/2012/QH13 and Law on Protection of Consumers’ Rights No. 59/2010/QH12.”.

Preludes to the Law on Prices No. 35/2018/QH14:

 “The Constitution of the Socialist Republic of Vietnam;

The National Assembly hereby promulgates the Law on Prices.”.

Preludes to the Law on Land No.31/2024/QH15:

 “The Constitution of the Socialist Republic of Vietnam;

The National Assembly hereby promulgates the Law on Land.”.

Preludes to the Law No. 43/2024/QH15 on amendments to certain Articles of Law on Land No. 31/2024/QH15, Law on Housing No. 27/2023/QH15, Law on Real Estate Business No. 29/2023/QH15 and Law on Credit Institutions No. 32/2024/QH15:

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The National Assembly hereby promulgates the Law on amendments to certain Articles of Law on Land No. 31/2024/QH15, Law on Housing No. 27/2023/QH15, Law on Real Estate Business No. 29/2023/QH15 and Law on Credit Institutions No. 32/2024/QH15.”.

[3] This Article is amended by Clause 1 Article 3 of the Law No. 35/2018/QH14 on amendments to some Articles concerning planning of 37 laws, which has been effective since January 01, 2019.

[4] This Article is added by Clause 2 Article 3 of the Law No. 35/2018/QH14 on amendments to some Articles concerning planning of 37 laws, which has been effective since January 01, 2019.

[5] This Clause is repealed by Point b Clause 1 Article 251 of the Law on Land No. 31/2024/QH15 coming into force from August 01, 2024 according to clause 2 Article 1 of the Law No. 43/2024/QH15 dated June 29, 2024 on amendments to certain Articles of Law on Land No. 31/2024/QH15, Law on Housing No. 27/2023/QH15, Law on Real Estate Business No. 29/2023/QH15 and Law on Credit Institutions No. 32/2024/QH15.

[6] This Clause is amended by Clause 3 Article 3 of the Law No. 35/2018/QH14 on amendments to some Articles concerning planning of 37 laws, which has been effective since January 01, 2019.

[7] This Clause is amended by Clause 4 Article 3 of the Law No. 35/2018/QH14 on amendments to some Articles concerning planning of 37 laws, which has been effective since January 01, 2019.

[8] This Clause is amended by Point a Clause 3 Article 73 of the Law on Prices No. 16/2023/QH15, which comes into force from July 01, 2024.

[9] This Point is amended by Point b Clause 3 Article 73 of the Law on Prices No. 16/2023/QH15, which comes into force from July 01, 2024.

[10] This Clause is amended by Clause 5 Article 3 of the Law No. 35/2018/QH14 on amendments to some Articles concerning planning of 37 laws, which has been effective since January 01, 2019.

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[12] Article 31 of the Law No. 35/2018/QH14 on amendments to some Articles concerning planning of 37 laws, which has been effective since January 01, 2019, stipulates that:

 “Article 31. Effect

This Law comes into force from January 01, 2019.”.

Articles 74 and 75 of the Law on Prices No. 16/2023/QH15, which comes into force from July 01, 2024, stipulate that:

 “Article 74. Entry into force

1. This Law comes into force as of July 01, 2024, except for the case prescribed in Clause 2 of this Article.

2. Clause 2 Article 60 of this Law comes into force as of January 01, 2026. From July 01, 2024 to December 31, 2025 inclusive, each valuation council shall have at least 01 member having one of the following professional certificates:

a) At least a degree of associate on prices and/or valuation;

b) Valuer’s card;

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d) Certificate of advanced training in state valuation.

3. The Law on Prices No. 11/2012/QH13, which has been amended by Law No. 61/2014/QH13, Law No. 64/2020/QH14, and Law No. 07/2022/QH15 (hereinafter referred to as “Law on Prices No. 11/2012/QH13”), expires as of the effective date of this Law, except for Article 75 of this Law.

Article 75. Transitional provisions

1. Within 12 months after this Law comes into force, valuation enterprises with certificates of eligibility for valuation services issued under the Law on Prices No. 11/2012/QH13 shall satisfy the requirements for eligibility for valuation services under this Law. After the mentioned period, if valuation enterprises fail to satisfy the requirements for eligibility for valuation services according to this Law, the Ministry of Finance of Vietnam shall revoke their certificates of eligibility for valuation services.

2. Holders of valuer’s cards issued according to the Law on Prices No. 11/2012/QH13 may continue to apply for valuation practicing with respect to asset valuation and business valuation under this Law.”.

Article 252 and Article 253 of the Law on Land No. 31/2024/QH15, which has been effective since August 01, 2024, stipulate that:

 “Article 252. Effect

1. This Law comes into force from January 01, 2025, except for the cases specified in clauses 2 and 3 of this Article.

2. Article 190 and Article 248 of this Law come into force from April 01, 2024.

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Clause 9 Article 60 of this Law comes into force from the date on which Resolution No. 61/2022/QH15 ceases to have effect.

4. Land Law No. 45/2013/QH13 which was amended by Law No. 35/2018/QH14 (hereinafter referred to as “Land Law No. 45/2013/QH13”) shall cease to have effect from the effective date of this Law.

Article 253. Transitional provisions on land use planning and plans when this Law comes into force

1. Land use planning and plans that have been decided and approved by competent regulatory agencies before the effective date of this Law may continue to be implemented and adjusted when reviewing land use planning and plans according to Article 73 hereof.

2. A local authority that has provincial planning for the period of 2021 - 2030 approved according to planning laws before the effective date of this Law may continue adopting the plan for land distribution and zoning in the provincial planning to perform land management until the end of the planning period. The adjustment to the provincial planning shall comply with Law on Planning No. 21/2017/QH14.”.

Article 5 of the Law No. 43/2024/QH15 on amendments to certain Articles of Law on Land No. 31/2024/QH15, Law on Housing No. 27/2023/QH15, Law on Real Estate Business No. 29/2023/QH15 and Law on Credit Institutions No. 32/2024/QH15, which has been effective since August 01, 2024, stipulates that:

 “This Law comes into force from August 01, 2024.”.

Văn bản hợp nhất 07/VBHN-VPQH năm 2024 hợp nhất Luật Đường sắt do Văn phòng Quốc hội ban hành