Circular No. 05/2011/TT-BGTVT guides the connection of urban rail lines and dedicated rail lines to the national railway network.

CIRCULAR

Guidelines on Connecting Urban Railways and Dedicated Railways to National Railways

 _______________________________________________

Pursuant to the Railway Law No. 35/2005/QH11 dated June 14, 2005;
Pursuant to Decree No. 109/2006/NĐ-CP dated September 22, 2006 of the Government detailing and guiding the implementation of certain provisions of the Railway Law;
Pursuant to Decree No. 51/2008/NĐ-CP dated April 22, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Transport;
The Minister of Transport issues guidelines on connecting urban railways and dedicated railways to national railways as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

These Circulars provide guidance on procedures for connecting urban railways and dedicated railways to national railways; the powers and responsibilities of organizations and individuals related to connecting urban railways and dedicated railways to national railways.

Article 2. Applicability

The subjects to which this Circular applies are organizations and individuals related to connecting urban railways and dedicated railways to national railways.

Article 3. Explanation of Terms

In this Circular, the following terms are understood as follows:

1. National railway is a railway serving the common transportation needs of the entire country, each economic region, and international transit.

2. Urban railway is a railway serving the daily travel needs of passengers in cities and adjacent areas.

3. Dedicated railway is a railway serving the specific transportation needs of organizations and individuals.

4. Connecting railway lines means technical connection between urban railway lines and dedicated railway lines with national railway lines; all trains can run from national railway lines to urban railway lines and dedicated railway lines and vice versa.

Article 4. Principles for Connecting Urban Railways and Dedicated Railways to National Railways

1. The location for connecting urban railway lines and dedicated railway lines to national railways must be carried out at railway stations.

2. The connection of railway lines must comply with detailed construction plans for railways approved by competent authorities; it must be implemented according to architectural standards, planning standards, construction standards, environmental protection standards, and relevant legal documents.

Chapter II

PROCEDURES FOR CONNECTING URBAN RAILWAYS AND DEDICATED RAILWAYS TO NATIONAL RAILWAYS

SPECIALIZED FOR NATIONAL RAILWAYS

Article 5. Procedures for Agreeing to Connect Urban Railway Lines and Dedicated Railway Lines to National Railways

1. During the project development process, organizations and individuals who need to connect urban railway lines and dedicated railway lines to national railways must obtain agreement from the Ministry of Transport regarding the connection. The agreement on connection shall be in accordance with Appendix B of this Circular.

2. Organizations and individuals prepare one set of application documents for agreeing to the connection and submit them to the Ministry of Transport (either directly at the Ministry of Transport's office or through postal services). The application documents for agreeing to the connection include:

- An application letter for agreeing to the connection of urban railways and dedicated railways to national railways in accordance with the model specified in Appendix A of this Circular;

- A sketch map showing the proposed connection location.

3. Within twenty days from the date of receipt of the application letter for agreeing to the connection, the Ministry of Transport will review and issue an agreement on connection or a document explaining the reasons for not approving the connection and send it to the applicant organization or individual.

Article 6. Application Documents for Obtaining Permission to Connect Urban Railway Lines and Dedicated Railway Lines to National Railways

Organizations and individuals prepare three sets of application documents for obtaining permission to connect urban railway lines and dedicated railway lines to national railways and submit them to the Vietnam Railway Administration (either directly at the Vietnam Railway Administration's office or through postal services), including:

1. An application form for connecting urban railways and dedicated railways to national railways in accordance with the model attached to this Circular. In cases where a temporary connection (with a time limit) is requested, the application must include a commitment to dismantle the works and bear all costs of dismantling and restoring the initial state of the railway infrastructure when the connection period expires;

2. Technical design documents or construction drawings that have been approved by competent authorities;

3. Other relevant legal documents such as: Agreement on connection issued by the Ministry of Transport; Decision approving technical designs or construction drawings.

Article 7. Acceptance of Applications for Permission to Connect Urban Railways and Dedicated Railways to National Railways

1. The Vietnam Railway Administration shall accept applications for permission to connect urban railways and dedicated railways to national railways, and examine the application files in accordance with the provisions of Article 6 of this Circular.

2. In cases where the application is submitted directly, if the file is complete as prescribed, the agency accepting the file must issue a receipt and schedule a date to deliver the result.

3. In cases where the application for permission to connect railway lines does not comply with regulations: Within a maximum period of five working days from the date of receiving the application, the Vietnam Railway Administration shall issue a written guidance document (once) for organizations and individuals applying for permission to connect railways to supplement and complete their application files in accordance with the regulations. The time taken to complete the application file will not be counted towards the permit issuance deadline.

Article 8. Examination of Applications for Permission to Connect Urban Railways and Dedicated Railways to National Railways

1. Within fifteen working days from the date of receiving complete application files for permission to connect in accordance with the regulations; based on the application files for connecting railway lines, opinions from relevant agencies and organizations (if any), agreements on connection from the Ministry of Transport, technical standards on construction, and related legal documents, the Vietnam Railway Administration shall examine the application files, conduct on-site inspections (if necessary), and report to the Minister of Transport to decide on granting or refusing permission to connect.

2. When it is necessary to clarify information related to other agencies and organizations to serve the decision-making process for granting permission to connect, which is not within the responsibility of the organization or individual applying for permission to connect, the Vietnam Railway Administration shall have the responsibility to seek opinions from relevant agencies and organizations to clarify and handle the matter.

3. Within five working days from the date of receiving the request for comments from the Vietnam Railway Administration, the agencies and organizations asked for opinions must respond in writing. If there is no written response beyond this period, it will be considered as agreement.

Article 9. Issuance of Permission to Connect Urban Railways and Dedicated Railways to National Railways

1. The contents of the decision to grant permission to connect are specified in Appendix C.

2. Within ten working days from the date of receiving the report from the Vietnam Railway Administration, the Ministry of Transport shall consider and decide to grant permission to connect or issue a document refusing permission to connect and send it to the organizations and individuals who applied.

3. The decision to grant permission to connect shall be made in five original copies with identical contents and according to the model specified in Appendix D of this Circular; one copy shall be issued to the organization or individual applying for permission to connect, one copy sent to the Vietnam Railway Administration, one copy sent to the Vietnam Railway Corporation, one copy sent to the Department of Transport of provinces and cities involved in the connection project for monitoring and management, and one copy retained at the issuing authority.

Article 10. Adjustment or Extension of Decisions Granting Permission to Connect Urban Railways and Dedicated Railways to National Railways

1. Organizations and individuals must proceed with procedures to request adjustment or extension of decisions granting permission to connect railway lines in the following situations:

a) Construction projects that have been granted permission to connect or have commenced implementation but cannot be completed within the time limit stated in the decision granting permission to connect.

b) When there is a change in design affecting the connection area.

2. Application Files for Requesting Adjustment or Extension of Decisions Granting Permission to Connect Railway Lines

Organizations and individuals requesting adjustment or extension of the decision granting permission to connect must prepare one set of application files to be submitted to the Ministry of Transport (through the Vietnam Railway Administration). The application files include:

a) An application form for adjusting or extending the decision granting permission to connect the railway line according to the model specified in Appendix E attached to this Circular;

b) A copy of the decision granting permission to connect the railway line that has been issued;

c) Design drawings of the connection area (in cases of design adjustments).

3. The time for reviewing and issuing decisions for adjustment or extension of permission to connect shall not exceed five working days from the date of receiving complete application files as prescribed; in cases where adjustment or extension is not possible, the authority issuing the decision for adjustment or extension must notify in writing, stating the reasons for not adjusting or extending.

4. The decision for adjustment or extension of permission to connect railway lines shall be made in five original copies with identical contents and according to the model specified in Appendix F attached to this Circular; one copy shall be issued to the organization or individual requesting extension, adjustment, or extension of the connection, one copy sent to the Vietnam Railway Administration, one copy sent to the Vietnam Railway Corporation, one copy sent to the Department of Transport of provinces and cities involved in the connection project for monitoring and management, and one copy retained at the authority issuing the decision for adjustment or extension.

5. The authority issuing the decision for adjustment or extension is the authority deciding to grant permission to connect railway lines.

6. The adjustment or extension of decisions granting permission to connect railway lines shall not exceed two times. If exceeded twice, the decision granting permission to connect already issued will be revoked.

Chapter III

AUTHORITY AND RESPONSIBILITY OF THE MINISTRY OF TRANSPORT, VIETNAM RAILWAY ADMINISTRATION,

VIETNAM RAILWAY CORPORATION

Article 11. Competence to agree and decide on permission for connecting urban rail lines and dedicated rail lines to the national railway network

The Minister of Transport shall agree and decide on permission for connecting urban rail lines and dedicated rail lines to the national railway network; decide to adjust or extend the permission for connecting rail lines.

Article 12. Responsibilities of the Ministry of Transport

1. Handle complaints and denunciations regarding the connection of rail lines in accordance with the laws on complaints and denunciations.

2. Suspend construction works when violations are discovered according to the decision granting permission to connect or if safety of the works and traffic safety are not ensured; in cases where suspension decisions have been made but organizations or individuals granted permission continue to violate, revoke the decision for handling.

3. Archive application files for connection for monitoring and management.

Article 13. Responsibilities of the Vietnam Railway Administration

1. Publicly display conditions, procedures, and application files for connecting rail lines at the headquarters of the Bureau.

2. Provide in writing information related to the connection of rail lines upon request from organizations or individuals applying for permission to connect. The deadline for providing information is no later than seven working days from receipt of the request.

3. Guide organizations and individuals who wish to connect urban rail lines and dedicated rail lines to the national railway network to prepare application files for connection.

4. Review application files, conduct on-site inspections (if necessary), and report to the Minister of Transport to decide or refuse permission to connect.

5. Inspect the implementation of construction works according to the permission to connect that has been issued.

6. Collect, manage, and use connection permit fees in accordance with current regulations.

7. Archive application files for connection permits for monitoring and management.

Article 14. Responsibilities and Authorities of Vietnam Railway Corporation

1. Before commencing construction works:

a) Reach agreement with organizations or individuals proposing to connect rail lines on construction time. Within fifteen days from receiving the proposal document, Vietnam Railway Corporation will review, issue a document agreeing or stating reasons for disagreement, and send it to the proposing organization or individual.

b) Hand over the site to the construction unit according to the agreement reached with the organization or individual proposing to connect.

2. During construction works:

a) Inspect and control compliance with regulations ensuring safety of construction works and traffic safety during construction according to the decision granting permission to connect and relevant laws;

b) Temporarily suspend construction works within its authority if they do not comply with the decision granting permission to connect or if safety of construction works and railway transportation safety are not ensured, and report to the Ministry of Transport for consideration and handling.

3. After completion of construction works:

Participate in final inspection, take back the site and completion documents (connection area) for management, monitoring, and operation as prescribed.

4. Reconstruct "Technical Management Rules for Stations" at stations with connected rail lines before putting the connected railway section into operation.

Chapter IV

RIGHTS AND OBLIGATIONS OF ORGANIZATIONS AND INDIVIDUALS PROPOSING TO CONNECT RAIL LINES

CONNECTION OF RAIL LINES

Article 15. Rights of organizations and individuals proposing to connect urban rail lines and dedicated rail lines to the national railway network

1. Request the issuing authority to explain, guide, and properly implement regulations on granting permission to connect rail lines.

2. Complain or denounce acts violating the law in the process of granting permission to connect rail lines.

Article 16. Obligations of organizations and individuals proposing to connect urban rail lines and dedicated rail lines to the national railway network

1. When preparing a construction project (connection area), there must be a document from the Ministry of Transport agreeing to the connection of the railway.

2. Submit complete files and bear responsibility for the authenticity of the application files.

3. Pay the licensing fee according to current regulations.

4. Only commence construction of the works after receiving a permission connection decision issued by the competent authority; implement the contents of the permission connection decision; any changes to the design that affect the connection area must be approved by the licensing authority.

5. Before commencing construction, agree with Vietnam Railway Corporation on the construction time and procedures for taking over the construction site.

6. Bear responsibility for managing and ensuring smooth and safe transportation operations in the handed-over area from the day of taking over the construction site.

7. Upon completion of the works or termination of work, remove any obstacles caused by construction; hand over the site and completion records to Vietnam Railway Corporation.

8. Shall compensate for damages caused to railway works and railway transportation safety in accordance with the provisions of the law.

Chapter V

IMPLEMENTATION

Article 17. Implementation Organization

1. This Circular shall take effect 45 days from the date of signature.

2. The Vietnam Railway Administration shall be responsible for implementing this Circular.

3. Inspection and supervision of the implementation of this Circular shall be carried out in accordance with the laws on inspection and supervision.

4. In case of difficulties or obstacles during implementation, organizations and individuals shall promptly report to the Ministry of Transport for consideration and resolution./.