Law on Railways No. 06/2017/QH14

On the basis of the Constitution of the Socialist Republic of Vietnam;

The National Assembly enacts the Railway Law.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Law stipulates on planning, investment, construction, protection, management, maintenance, and development of railway infrastructure; railway industry, railway transportation means; signaling, traffic rules, and ensuring traffic order and safety; railway business; rights and obligations of organizations and individuals related to railway activities; state management over railway activities.

Article 2. Applicability

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

Article 3. Explanation of Terms

In this Law, the following terms shall be understood as follows:

1. Common bridge is a bridge with a deck shared for railway transportation means and road transportation means.

2. hTrain operation is the activity to control the movement of railway transportation means.

3. hTrain running permit is evidence allowing railway transportation means to run in the section and is represented by color light signals, arm signals, track cards, permits, and route tickets.

4. Load limit weight limit is the regulation on the maximum permissible load on one axle and the maximum permissible distributed load along the length of railway transportation means specified on each bridge, section, section, zone, and railway line.

5. Load limit Speed limit is the regulation on the maximum permissible speed of railway transportation means running on each bridge, section, section, zone, and railway line.

6. Railway worksrailway are construction projects serving railway transportation, including roads, bridges, culverts, tunnels, retaining walls, embankment protection walls, stations, depots, drainage systems, communication and signaling systems, fixed warning systems, power supply systems, and other auxiliary facilities of railways.

7. Railway industry worksrailway track are construction projects built to serve production, assembly, repair, and modification activities of railway transportation means; production of accessories, spare parts, materials, and specialized equipment for railways.

8. 3. Amend Clause 3 Article 2 as follows:Depot is a place where trains are gathered for maintenance, repair, and other technical operations.

9. Railway crossinglevel crossing is a section of road intersecting at the same level with railway tracks, permitted and operated by authorized agencies.

10. Railway crossingHigh-speed railway is a type of national railway with a design speed of 200 km/h or higher, with a gauge of 1.435 mm, double-track, electrified.

11. Railway stationrailway is a place where railway transportation vehicles stop, avoid, overtake, pick up, drop off passengers, load, unload goods, perform technical operations, and other services.

12. is a place where railway transportation means stop, avoid, pass, pick up, drop off passengers, load and unload goods, perform technical operations, and provide other services.Oversized cargo is cargo that cannot be disassembled, with a weight exceeding the permissible weight limit of the railcar or when loaded onto the railcar, the total weight of the cargo and the railcar exceeds the prescribed weight limit set forth in the weight regulation order that has been published.

13. is cargo that cannot be disassembled, with a weight exceeding the permissible load of a carriage or when loaded onto a carriage, the total weight of the cargo and carriage exceeds the permissible load specified in the published load limit regulations.ờng Overdimensional cargo

14. Hois cargo that cannot be disassembled, when loaded onto a carriage, its dimensions exceed the locomotive width limit, carriage width limit, and carriage length limit corresponding to the gauge. Railway activities

15. Krailway infrastructure are the activities of organizations and individuals in the fields of railway planning, railway business, ensuring traffic order and safety, and other related activities.

16. Railway infrastructure is a railway construction within a railway station to serve passengers boarding and alighting trains, loading and unloading goods.

17. is railway works, the protected area of railway works, and the railway traffic safety corridor.Platform is the shortest distance between the two inner edges of the rails.

18. is a railway work inside a railway station to serve passengers boarding and alighting trains, loading and unloading goods. Section

19. measurement areais a segment of railway connecting two adjacent stations, calculated from the position of the signal entering the station on this side to the nearest position of the signal entering the station on the other side. Zone

20. railway transport businessrailway infrastructure is a collection of several sections and adjacent railway stations suitable for train operation tasks.

21. Railway investment businessrailway freight transport is the implementation of one, several, or all activities of investing, using, selling, leasing, transferring exploitation rights of railway infrastructure to serve railway transportation activities and other commercial services for profit-making purposes.

22. Railway urban transport businessurban railwaycouncillORS is the implementation of one, several, or all stages from investment to passenger transportation in urban areas for profit-making purposes.

23. LSelf-built crossing is a section of road intersecting with the railway constructed and operated by organizations or individuals without permission from the competent authority.

24. is a section of road intersecting with railway tracks constructed and operated by organizations and individuals without permission from authorized agencies.billion Same-level intersection

25. other types of intersectionsbillion is a place where two or more roads intersect on the same plane.

26. Different-level intersectionmeans of transportation leading to railwayrailway is a place where two or more roads intersect not on the same plane.

27. Railway transportation meansrailway transportation means are locomotives, carriages, and special-purpose vehicles moving on railway tracks.

28. Train is a railway transportation vehicle composed of locomotives and railcars or single locomotive operation, powered railcars, specialized power equipment moving on railway tracks.

Article 4. Basic Principles in Railway Operations

1. Ensuring smooth, orderly, safe, accurate, and efficient railway transportation activities; serving the convenient travel needs of citizens, economic and social development, national defense and security, and environmental protection.

2. Developing railways according to planning and plans, integrating with other forms of transportation, and international integration, ensuring civility, modernity, and synchronization.

3. Uniformly and centrally managing railway transportation activities.

4. Separating the state management function of state agencies from business operations of enterprises, and separating infrastructure business from transportation business on state-invested railways.

5. Ensuring fair and equal competition among organizations and individuals of all economic sectors participating in railway business.

Article 5. State Policy on Railway Development

1. Prioritizing the concentration of resources for investment in developing, upgrading, maintaining, and protecting national railway infrastructure and urban railways to ensure that railway transportation plays a leading role in the national transportation system.

2. Encouraging, supporting, creating conditions, and protecting the legitimate rights and interests of domestic and foreign organizations and individuals investing in and operating railways.

3. Allocating land according to planning for railway infrastructure and industrial railway construction projects.

4. Encouraging and supporting the development of railway industry, scientific research, advanced technology application, and human resource training for modern railway development.

5. Encouraging and facilitating organizations and individuals to invest in developing specialized railway systems.

6. Prioritizing the allocation of central budget funds in medium-term and annual public investment plans at appropriate ratios to ensure the development of national railway infrastructure according to planning.

Annually, the Government reports to the National Assembly on the implementation of railway transportation development policies and the use of state budget for railway transportation investment.

Article 6. Incentives and Support in Railway Activities

1. Railway infrastructure business, railway transportation business, urban railway business, and railway industry are prioritized investment sectors.

2. Organizations and individuals engaged in railway activities enjoy incentives and support as follows:

a) Land is allocated without payment of land use fees for areas used to construct national railway infrastructure and urban railways; land rental fees are waived for areas used to construct specialized railway infrastructure and industrial railway construction projects;

b) Based on actual resource capacity, the State provides loans at preferential interest rates from state investment credit sources or grants government guarantees for loans according to laws on public debt management for the development of national railway infrastructure and urban railways; purchasing transportation equipment, machinery, and facilities for railway maintenance; developing the railway industry;

c) Enterprises engaged in railway infrastructure business, urban railway business, and railway industry enjoy tax rate incentives for corporate income tax according to laws on corporate income tax;

d) Exemption from import duties on machinery, equipment, spare parts, transportation vehicles, raw materials, and supplies used to manufacture machinery and equipment or components, parts, and accessories of machinery and equipment necessary for railway activities and supplies necessary for constructing railway infrastructure that cannot be produced domestically.

3. When organizations and individuals invest in building national railway infrastructure and urban railways, the State ensures full funding for land clearance costs for railway construction.

4. Organizations and individuals engaged in railway infrastructure business are allocated exclusive radio frequency bands for railway traffic management work and power supply systems for train operation.

Article 7. Railway Transport Development Planning

1. Railway transport development planning serves as the basis for investment orientation, development, and exploitation of the railway network.

2. Railway transport development planning includes contents related to railway infrastructure and national railway industry facilities.

3. Railway transport development planning must meet the following requirements:

a) Ensuring inter-regional connectivity, meeting the needs for economic and social development, national defense, security, environmental protection, and international integration;

b) Linking the development of railway infrastructure with the development of transportation means, services, and the railway industry towards advanced, modern, and safe standards;

c) Ensuring connectivity between railway transportation and other modes of transportation to create a synchronized, sustainable, safe, efficient, and environmentally friendly transportation system;

d) Studying the content on the development of railway infrastructure when drafting urban transportation development planning for special cities, first-class cities, main international airports, special seaports, and first-class seaports.

4. Organization of railway transport development planning establishment and approval:

a) The Minister of Transport shall organize the establishment of national railway transport development planning and urban railways passing through administrative boundaries of two or more centrally governed provinces/cities, submit to the Prime Minister for approval; organize the establishment and approval of detailed planning for national railway lines and stations in third-class cities and above, major stations, and international transit stations;

b) The Chairman of the Provincial People's Committee shall organize urban planning and provincial planning including the content on urban railway development and dedicated railways, submit to the Prime Minister for approval.

Article 8. International Cooperation in Railways

1. International cooperation in railways must ensure independence, sovereignty, territorial integrity, and national interests; meet the requirements for international integration; comply with international treaties to which the Socialist Republic of Vietnam is a member.

2. Prioritize international cooperation activities for regional and international connectivity, railway transportation business; investment and development, operation of railway infrastructure; railway industry development; scientific research, technology transfer; human resource training and development.

3. Ministries and ministerial-level agencies within their functions, tasks, and authorities shall be responsible for leading or coordinating with the Ministry of Transport to facilitate and expedite customs clearance at international transit railway stations.

Article 9. Prohibited Acts in Railway Operations

1. Damaging railway works, railway transportation means.

2. Encroaching upon railway traffic safety zones, protective areas of railway works.

3. Self-opening passages across railways; illegally constructing overpasses, underpasses, culverts, or other structures within railway land; illegally drilling or excavating within the protective area of railway works.

4. Altering railway works, signaling systems; obscuring or misrepresenting railway traffic signals.

5. Obstructing train operations, arbitrarily signaling or using devices to stop trains, except in cases where safety hazards are discovered.

6. Crossing barriers, crossing level crossings against prohibitive signals; crossing barriers separating railway tracks from surrounding areas.

7. Dumping waste that does not meet environmental hygiene standards onto railways; leaving obstacles, dumping toxic substances, waste on railways; storing flammable, explosive materials within the protective area of railway works and railway traffic safety zones.

8. Grazing livestock, holding markets on railways, within the protective area of railway works and railway traffic safety zones.

9. Walking, standing, lying down, sitting, or engaging in other acts on top of passenger carriages, locomotives, steps of passenger carriages; clinging, standing, sitting on both sides of passenger carriages, locomotives, coupling points between carriages and locomotives; opening carriage doors, sticking heads, hands, feet, or objects out while the train is moving, except for railway staff and law enforcement personnel performing duties.

10. Walking, standing, lying down, sitting, or engaging in other acts on railways, except for railway staff and law enforcement personnel performing duties.

11. Throwing soil, rocks, or other objects onto trains or from trains.

12.

Carrying, transporting prohibited goods, diseased animals into stations, onto trains; illegally carrying, transporting wild animals, radioactive materials, flammable, explosive materials, and other dangerous goods into stations, onto trains; carrying, transporting corpses, bones into stations, onto urban railway trains.

13. Producing, consuming counterfeit tickets; selling tickets contrary to regulations.

14. Putting railway transportation means, equipment not meeting technical safety standards into service for railway transportation; using freight carriages to transport passengers; arbitrarily altering the structure, appearance, usage function of railway transportation means; handing over or allowing unqualified persons to operate railway transportation means.

15. Coupling animal transport carriages, carriages carrying smelly, flammable, explosive, toxic, and other dangerous goods to passenger trains.

16. Operating trains beyond prescribed speed limits.

17. Railway staff directly serving train operations having alcohol or other prohibited stimulants in their blood or breath while on duty.

Chapter II

RAILWAY INFRASTRUCTURE

Section 1. GENERAL PROVISIONS

Article 10. Vietnam Railway System

1. The Vietnam Railway System includes national railways, urban railways, and dedicated railways, as follows:

a) National railways serve the general transportation needs of the entire country, each economic region, and international through transport;

b) Urban railways serve the passenger transportation needs in cities and their surrounding areas;

c) Dedicated railways serve the specific transportation needs of organizations and individuals.

2. The authority to decide on announcing and adjusting the railway system is stipulated as follows:

a) For national railways and dedicated railways connected to national railways, the decision to announce and adjust them shall be made by the Minister of Transport; for urban railways connected to or running concurrently with national railways, the decision to announce and adjust them shall be made by the Minister of Transport after reaching agreement with the Chairman of the People's Committee of the province where the urban railway is located;

b) For urban railways and dedicated railways not connected to national railways, the decision to announce and adjust them shall be made by the Chairman of the People's Committee of the province; in cases where urban railways or dedicated railways not connected to national railways pass through administrative boundaries of two or more provinces or centrally governed cities, the decision to announce and adjust them shall be made by the Minister of Transport after obtaining opinions from the Chairmen of the People's Committees of those provinces or cities.

3. The authority to stipulate the naming of railway lines and stations; deciding to put lines, sections, and stations into operation; stopping operations, and dismantling lines is stipulated as follows:

a) The Government stipulates the naming of railway lines and stations, and the dismantling of lines, sections, and stations;

b) The Minister of Transport decides to put national railway lines, sections, and stations into operation and stop their operations;

c) The Chairman of the People's Committee of the province decides to put urban railway lines, sections, and stations into operation and stop their operations;

d) The investor decides to put dedicated railway lines, sections, and stations into operation and stop their operations when they are invested in by themselves.

Article 11. Railway Infrastructure Assets

1. Railway infrastructure assets include:

a) Railway infrastructure assets directly related to train operations, including railway works, railway sub-works, or other auxiliary works directly serving train operations, passenger pick-up and drop-off, and cargo loading and unloading;

b) Railway infrastructure assets not directly related to train operations are railway infrastructure assets that do not fall under the provisions of point a of this clause.

2. Responsibilities for managing railway infrastructure assets invested in by the State:

a) The Government performs the function of representing the owner and uniformly manages railway infrastructure assets according to the laws on management and use of state assets;

b) The Ministry of Transport performs the duties and powers of the representative owner for national railway infrastructure assets;

c) The People's Committee of the province performs the duties and powers of the representative owner for urban railway infrastructure assets;

d) Railway infrastructure enterprises use, operate, and protect railway infrastructure assets when they are assigned, leased, or transferred by the State according to the law.

3. Organizations and individuals manage, use, and operate railway infrastructure assets they invest in according to the law.

4. The Government stipulates the List of railway infrastructure assets as provided for in Clause 1 of this Article; manages and uses railway infrastructure assets invested in by the State.

Article 12. Land for Railways

1. Land for railways includes:

a) Land used to construct railway works;

b) Land within the scope of protecting railway works;

c) Land within the scope of safe traffic corridors for railways.

2. The use of land for railways shall be regulated as follows:

a) Land for railways shall be used to construct railway works and ensure safe railway traffic according to the land use planning and plan that have been approved by competent authorities;

b) In cases where land for railways must be combined with construction of essential works serving national defense, security, socio-economic development and cannot be arranged outside this land area, it shall not affect railway works and safe railway traffic, and such implementation must be permitted in accordance with regulations stipulated by the Minister of Transport;

c) Organizations and individuals assigned, leased, or transferred railway infrastructure shall be responsible for using and exploiting land for railways according to the planning approved by competent authorities and the provisions of the law.

3. Management of land for railways shall be regulated as follows:

a) Management of land for railways shall be the responsibility of state management agencies in accordance with the law on land;

b) State management agencies manage railway infrastructure assets entrusted to manage land used for constructing railway works and land within the scope of protecting railway works; manage the use of land for railways according to the planning approved by competent authorities;

c) People's Committees at all levels manage land for railways that has been planned, and land within the scope of safe traffic corridors for railways;

d) Land for railways within the scope of civil airports, seaports shall be managed in accordance with the law on land.

4. The Government shall provide detailed regulations on this matter.

Article 13. Railway Technical Grades

1. National railways, urban railways, and dedicated railways are divided into railway technical grades. Each railway technical grade corresponds to specific standards.

2. The organization, review, and publication of standards for railway technical grades shall be carried out in accordance with the law on technical standards and norms.

Article 14. Railway Gauge

1. National railways and dedicated railways connected to national railways shall have standard gauge of 1,435 mm or narrow gauge of 1,000 mm.

2. New national railways and urban railways shall have gauge of 1,435 mm. In special cases, other gauges may be decided by the Prime Minister.

3. Dedicated railways not connected to national railways passing through residential areas shall have gauge determined by the investor after consulting the Ministry of Transport.

Article 15. Connection of Railway Tracks

1. The location of track connections between domestic railway lines must be at railway stations.

2. Only national railways may connect tracks with foreign railways. The Prime Minister decides on track connections between national railways and foreign railways.

3. The Minister of Transport shall stipulate conditions, procedures, and formalities for connecting urban railway and dedicated railway tracks with national railway tracks; and track connections between urban railway lines.

4. Organizations and individuals decide on track connections between dedicated railway tracks they invest in.

Article 16. Railway Stations

1. Railway stations are classified as follows:

a) Passenger stations for picking up and dropping off passengers, providing services related to passenger transport, technical operations, and other commercial services;

b) Freight stations for receiving, delivering, loading, unloading, storing goods, and providing other services related to freight transport and technical operations;

c) Technical stations for performing technical operations to support train operations;

d) Mixed stations having the functions of two or three types of stations specified in points a, b, and c of this Clause.

2. Railway stations must meet the following requirements:

a) Depending on the technical level of the station, railway stations shall include station buildings, squares, warehouses, cargo yards, platforms, fences, service areas, necessary equipment, and other related facilities for railway operations;

b) Railway stations must have station names and customer information and guidance. Station names must not be duplicated and should be appropriate to the local place name, history, culture, and customs. At national railway stations in cities of type III and above, key stations, and international transit stations, there must be a designated workplace for state management agencies operating regularly according to approved planning;

c) There must be an escape system; fire prevention and extinguishing systems; power supply, lighting, ventilation systems; water supply and drainage systems; environmental sanitation assurance systems, and other technical requirements for station buildings;

d) Passenger stations must have approach guidance facilities and equipment for persons with disabilities and priority groups as prescribed by law; emergency telephone systems, medical first aid facilities;

đ) International transit stations and central stations must have architectural features reflecting the historical and traditional cultural characteristics of the locality. High-speed railway stations must have security and safety control equipment;

e) At national railway stations and urban railway stations, construction of commercial service and office buildings is permitted.

3. The vertical range of the station is determined by the strip of land from the position of the signal entering the station on one side to the position of the signal entering the station on the other side; the horizontal range of the station is determined by the land area within the station fence or boundary markers according to the approved planning by the competent authority.

4. The Minister of Transport shall stipulate the technical levels of railway stations.

Article 17. Railway Intersections with Railways or Roads

1. Railway intersections with railways must be at different levels, except in cases where dedicated railways intersect with dedicated railways.

2. Railway intersections with roads must be constructed at different levels in the following cases:

a) Railways with a design speed of 100 km/h or higher intersecting with roads;

b) Railways intersecting with roads of class III or higher; railways intersecting with urban roads;

c) Urban railways intersecting with roads, except tram tracks.

3. The project investor constructing new railways shall be responsible for building intersections at different levels as prescribed in Clause 1 and Clause 2 of this Article. The project investor constructing new roads shall be responsible for building intersections at different levels as prescribed in Clause 2 of this Article.

4. In cases not covered by Clause 2 of this Article or when conditions for organizing intersections at different levels are not yet met, People's Committees at all levels, infrastructure business enterprises, project investors, or organizations and individuals requiring traffic through railways must comply with the following provisions:

a) Locations for constructing level crossings must be authorized by competent authorities;

b) Locations not permitted to construct level crossings must build bypass roads outside the safe traffic zone of the railway leading to the nearest level crossing or intersection at different levels.

5. The Minister of Transport shall provide detailed regulations on:

a) Level crossings, traffic in level crossing areas; procedures for issuing, extending, modifying, upgrading, and revoking permits for level crossing construction;

b) Shared bridges, traffic on shared bridge areas;

c) Connecting road traffic lights with railway warning signals at level crossings, providing supporting warning information at intersections between roads and railways.

6. The Government shall regulate the handling of railway intersections with railways, railway intersections with roads that do not comply with the provisions of this Law, unauthorized access paths, and implementation timelines.

Article 18. Railways and Roads Running Parallel to Each Other

1. In cases where railways and roads run parallel to each other, it must be ensured that one of them lies outside the traffic safety corridor of the other; if the terrain does not permit, a protective construction separating the road from the railway must be built on the side of the road adjacent to the railway, except when the top of the railway track is higher than the surface of the road by three meters or more.

2. In cases where railways and roads run parallel and overlap, the vertical distance from the highest point of the lower road surface or the lowest point of the lower railway track to the lowest point of the upper bridge structure must equal the height required for traffic safety of the lower structure.

Article 19. Fixed Signaling Systems on Railways

1. The fixed signaling systems on railways include:

a) Signal poles, signal lights;

b) Signs, markers;

c) Warning signs;

d) Barriers, gates;

đ) Boundary stakes;

e) Other signals.

2. Fixed signaling systems on railways must be constructed and installed fully in accordance with technical levels and types of railways; they must ensure continuous good operation.

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

Article 20. Investment Construction of Railway Infrastructure

1. Investment construction of railway infrastructure involves new construction, technological innovation, upgrading, and renovation of railway infrastructure in accordance with the provisions of the law.

2. State capital contribution to national railway infrastructure development projects and urban railway projects under public-private partnership models during the construction period or throughout the project's lifecycle shall be decided by the Prime Minister.

3. The Minister of Transport and the People's Committee of the province shall organize and announce investment construction projects of railway works within their jurisdiction in accordance with the provisions of the law.

Article 21. Management and Maintenance of Railway Infrastructure

1. Railway infrastructure put into operation must be maintained in accordance with the provisions of the law.

2. Responsibilities for management and maintenance of railway infrastructure are stipulated as follows:

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

b) The People's Committee of the province shall stipulate the management and maintenance of urban railway infrastructure; organize the management and maintenance of urban railway infrastructure invested by the state;

c) Enterprises operating railway infrastructure shall carry out maintenance of railway infrastructure invested by the state according to the law when assigned, leased, or transferred;

d) Organizations and individuals shall manage and maintain railway infrastructure they have invested in according to the law.

Article 22. Financial Sources for Management and Maintenance of Railway Infrastructure

1. Financial sources for management and maintenance of railway infrastructure invested by the state shall be guaranteed from the state budget; revenue from the exploitation of railway infrastructure and other revenues may be used in accordance with the law.

2. The Ministry of Transport shall manage and use financial resources allocated for the management and maintenance of national railway infrastructure invested by the state.

3. The People's Committee of the province shall manage and use financial resources allocated for the management and maintenance of urban railway infrastructure invested by the state.

4. Organizations and individuals shall organize the management and use of their own financial resources for the management and maintenance of railway infrastructure they have invested in.

Mục 3. PROTECTION OF RAILWAY INFRASTRUCTURE STRUCTURES

Article 23. Protection of railway infrastructure structures

1. Railway infrastructure protection activities include: activities aimed at ensuring safety for railway works; preventing, combating, and mitigating the consequences of natural disasters and accidents; preventing, stopping, and handling acts of infringement and destruction of railway works, the protected areas of railway works, and railway traffic safety zones.

2. The protected area of railway works is the limit determined by airspace, land, and water areas adjacent to railway works for management, protection, and prevention of acts infringing on the stability of railway works and ensuring their safety, including:

a) The protected area of railway tracks;

b) The protected area of railway bridges;

c) The protected area of railway tunnels;

d) The protected area of railway stations and depots;

đ) The protected area of telecommunications, signaling, and power supply systems for railways;

e) The protected area of other railway works.

3. The railway traffic safety zone is the area determined by airspace, land, and water areas adjacent to the protected area of railway tracks to ensure railway traffic safety; to serve rescue operations when necessary and ensure visibility for traffic participants.

4. Construction of works, exploitation of resources, and conducting other activities in the vicinity of land allocated for railways:

a) Construction of works, exploitation of resources, and conducting other activities in the vicinity of land allocated for railways shall not affect the safety of railway works and railway transportation safety;

b) In cases where construction of works, exploitation of resources, and conducting other activities in the vicinity of land allocated for railways may affect the safety of railway works or railway transportation safety, the project investor, organizations, and individuals exploiting resources and conducting other activities must take measures to ensure the safety of railway works and railway transportation safety;

c) The project investor, organizations, and individuals exploiting resources and conducting other activities must compensate for damages caused by their fault to railway works and railway transportation safety according to the provisions of the law.

5. The Government shall provide detailed regulations on this matter.

Article 24. Responsibilities for protecting railway infrastructure structures

1. The Ministry of Transport has the following responsibilities in protecting national railway infrastructure structures invested by the State:

a) Organizing and guiding the implementation of railway infrastructure protection activities;

b) Taking the lead and coordinating with the Ministry of Public Security, the Ministry of Defense, and provincial People's Committees along railway routes to organize the protection of particularly important railway works;

c) Inspecting and supervising the implementation of legal provisions on the management and protection of railway infrastructure structures.

2. Local People's Committees where railways pass through have the following responsibilities:

a) Taking the lead and coordinating with railway infrastructure business enterprises to organize the prevention, stopping, and timely handling of acts infringing on railway infrastructure structures and railway traffic safety within their jurisdiction;

b) Inspecting and supervising the implementation of legal provisions on the management and protection of urban railway infrastructure structures.

3. Railway infrastructure business enterprises have the following responsibilities:

a) Protecting railway works to ensure smooth and safe operation of railway transportation;

b) In cases where railway-allocated land is infringed upon, they must promptly stop it and report and coordinate with competent authorities to handle it.

4. Organizations and individuals using railway infrastructure structures for transportation activities must comply with regulations on ensuring the safety of railway infrastructure structures.

5. All organizations and individuals have the responsibility to protect railway infrastructure structures and participate in rescue operations when railway works are damaged. Upon discovering damage to railway works or acts infringing on railway infrastructure structures, they must promptly report to the People's Committee, railway infrastructure business enterprises, or the nearest public security agency. The person receiving the report must promptly implement measures to ensure railway transportation safety.

Article 25. Prevention, Response, and Mitigation of Consequences of Accidents and Natural Disasters for Railway Infrastructure

1. Enterprises operating railway infrastructure shall have the following responsibilities:

a) To develop and implement plans for prevention, response, and mitigation of consequences of accidents and natural disasters to ensure the safety of railway infrastructure assigned, leased, or transferred by the State;

b) To fulfill other responsibilities as prescribed by laws on prevention and response to natural disasters.

2. Organizations and individuals investing in railway infrastructure shall be responsible for implementing prevention, response, and mitigation of consequences of accidents and natural disasters for such infrastructure in accordance with the provisions of the law.

3. The Ministry of Transport shall be responsible for directing organizations and individuals related to the implementation of prevention, response, and mitigation of consequences of accidents and natural disasters for national railway infrastructure invested in by the State in accordance with the provisions of the law.

4. Provincial People's Committees shall be responsible for directing organizations and individuals related to the implementation of prevention, response, and mitigation of consequences of accidents and natural disasters for urban railway infrastructure invested in by the State in accordance with the provisions of the law.

5. Ministries, ministerial-level agencies, government agencies, and People's Committees at all levels within their respective functions, tasks, and authorities shall be responsible for implementing prevention, response, and mitigation of consequences of accidents and natural disasters in railway operations in accordance with the provisions of the law.

Chapter III

DEVELOPMENT OF THE RAILWAY INDUSTRY AND RAILWAY TRANSPORTATION EQUIPMENT

Section 1. DEVELOPMENT OF THE RAILWAY INDUSTRY

Article 26. Railway Industry

1. The railway industry includes:

a) Production, assembly, repair, and modification of railway transportation equipment;

b) Production of accessories, spare parts, materials, and specialized equipment for railways.

2. The Government shall specify the List of accessories, spare parts, materials, and specialized equipment for railways as stipulated in point b, Clause 1 of this Article.

Article 27. Requirements for Development of the Railway Industry

1. In line with the planning for development of railway transportation and the strategy for development of the Vietnamese industry in each period.

2. Consistent with the development of railway infrastructure, railway transportation services, and ensuring safety and environmental protection as prescribed by law.

3. Investment in production lines and technology transfer for the railway industry must ensure modernity, advancement, and synchronization.

Article 28. Investment in Development of the Railway Industry

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

2. The State shall invest in building and maintaining railway infrastructure connecting from national railways, urban railways to industrial facilities of the railway industry according to planning.

3. Railway industry enterprises shall independently invest in upgrading and maintaining railway infrastructure and industrial works within the scope of railway industrial facilities.

Article 29. Research, Application of Science and Technology, Training and Development of Human Resources, and Technology Transfer in the Railway Industry

1. The application and transfer of railway technology must ensure advancement, capability to master and develop technology.

2. Training and development of human resources for the railway industry must be consistent with the planning for development of railway transportation and synchronized with transferred technology.

3. Research, application of science, technology transfer, and training and development of human resources must comply with the provisions of laws on education, vocational education, laws on science and technology, and laws on technology transfer.

Section 2. RAILWAY TRANSPORT MEANS

Article 30. Conditions for Railway Transport Means to Participate in Traffic

1. Railway transport means participating in traffic must meet the following conditions:

a) Ensuring national technical standards on technical safety and environmental protection;

b) Having a Railway Transport Means Registration Certificate issued by the competent authority;

c) Possessing a Quality, Technical Safety, and Environmental Protection Certificate for Railway Transport Means or a Periodic Technical Safety and Environmental Protection Inspection Certificate for Railway Transport Means issued by the competent authority that remains valid.

2. Railway transport means moving under special circumstances shall be carried out in accordance with the regulations of the Minister of Transport.

Article 31. Registration of Railway Transport Means

1. Railway transport means meeting the following requirements shall be granted a Railway Transport Means Registration Certificate:

a) Having a legal origin;

b) Meeting national technical standards on technical safety and environmental protection.

2. When railway transport means change their usage function or main technical parameters, the owner must apply for a new Railway Transport Means Registration Certificate.

3. Upon transferring ownership, the new owner of the railway transport means must apply for a new Railway Transport Means Registration Certificate in the name of the new owner.

4. The owner of railway transport means must report and return the Railway Transport Means Registration Certificate to have it deregistered in the following cases:

a) The railway transport means is no longer used for railway traffic;

b) The railway transport means is missing or destroyed.

5. The Minister of Transport shall stipulate the issuance, reissuance, revocation, and deregistration of Railway Transport Means Registration Certificates.

Article 32. Inspection of Railway Transport Means

1. Newly manufactured, assembled, converted, or restored railway transport means must be inspected, supervised, and certified with a Quality, Technical Safety, and Environmental Protection Certificate for Railway Transport Means by the Vietnamese Inspection Organization or foreign inspection organizations authorized by the Minister of Transport.

2. During operation, railway transport means must ensure they remain within their service life as prescribed by the Government and undergo periodic inspections by the Vietnamese Inspection Organization to obtain a Periodic Technical Safety and Environmental Protection Inspection Certificate for Railway Transport Means.

3. The owner of railway transport means is responsible for repairing and maintaining the means to comply with national technical standards on technical safety and environmental protection between inspection periods.

4. The Minister of Transport shall stipulate:

a) National technical standards on quality, technical safety, and environmental protection of the means;

b) Requirements for the material and technical infrastructure of inspection organizations;

c) Inspector standards;

d) Inspection, issuance, reissuance, and revocation of certificates regarding quality, technical safety, and environmental protection of railway transport means.

Article 33. Information, guidance, equipment for serving passengers, and safety devices on railway transportation vehicles

1. Railway transportation vehicles must ensure the following requirements:

a) Necessary information and guidance to serve passengers and management work; signs, information, and guidance must be clear and easy to understand; notice boards must be placed in visible and easily readable locations;

b) Necessary equipment and amenities to serve passengers, safety devices, emergency tools; firefighting equipment and materials; first aid medicines and devices for people with disabilities to access and use.

2. The Minister of Transport shall provide detailed regulations for this Article.

Article 34. Conditions for importing railway transportation vehicles

1. Railway transportation vehicles imported to participate in railway traffic must comply with national technical standards and norms of Vietnam and must be certified by inspection organizations with a Certificate of Quality, Technical Safety, and Environmental Protection for Railway Transportation Vehicles.

2. The importation of railway transportation vehicles must be carried out in accordance with the laws on export and import.

Chapter IV

RAILWAY EMPLOYEES DIRECTLY SERVING TRAIN OPERATIONS

Article 35. Railway employees directly serving train operations

1. Railway employees directly serving train operations include the following positions:

a) Train conductor;

b) Train driver, assistant train driver;

c) Train operation dispatcher on the route, station train operation dispatcher;

d) Station train operation duty officer;

đ) Train formation leader;

e) Ticket collector;

g) Locomotive coupling and car coupling staff;

h) Track, bridge, tunnel, and tunnel guard staff;

i) Level crossing and shared bridge guard staff;

k) Other positions suitable for each type of railway.

2. Railway employees directly serving train operations when working must meet the following conditions:

a) Hold appropriate professional certificates according to their position as stipulated by law;

b) Have adequate health conditions at recruitment and periodic health certification meeting the criteria set by the Minister of Health;

c) For train drivers, in addition to the conditions specified in this clause, they must also have a train driving license.

3. Railway employees directly serving train operations when performing duties have the following responsibilities:

a) Carry out tasks according to their position, technical grade standards, and national technical standards for railways;

b) Strictly follow train operation command orders; comply with regulations and directives from superiors;

c) Wear appropriate uniforms, badges, insignias, and nameplates.

4. The Minister of Transport shall stipulate:

a) Standards, tasks, and authorities for positions of railway employees directly serving train operations;

b) Content and training programs for training institutions for positions of railway employees directly serving train operations;

c) Positions of direct train operation service staff as stipulated in point k of Clause 1 of this Article.

Article 36. Train Driving License

1. A train driving license is issued to individuals directly operating railway transportation vehicles as prescribed by this Law.

2. Individuals holding a train driving license may only operate the types of railway transportation vehicles specified in their driving license.

3. Individuals holding a train driving license must meet the following conditions:

a) Be between 23 and 55 years old for males, and 23 and 50 years old for females, and hold a certificate of meeting health standards;

b) Hold a professional certificate or qualification for driving railway transportation vehicles issued by a training institution;

c) Have served as an assistant train driver for the period specified by the Minister of Transport;

d) Have passed the examination for the type of railway transportation vehicle specified in the train driving license.

4. The Minister of Transport shall specify the conditions, content, procedures for examination, issuance, reissuance, and revocation of train driving licenses.

Chapter V

SIGNALS, TRAFFIC RULES, AND SAFETY MEASURES FOR ORDERLY AND SAFE RAILWAY TRANSPORTATION

Section 1. SIGNALS AND TRAFFIC RULES FOR RAILWAYS

Article 37. Railway traffic signals

1. The railway traffic signal system includes commands from personnel controlling train operations, on-board signals, ground signals, signboards, warning flares, and torches. Signals represent orders and conditions for train operation, consolidation, and stopping.

2. The railway traffic signal system must be complete, accurate, clear, ensure safety, and enhance train operation efficiency.

3. Railway staff and traffic participants must comply with railway traffic signals.

4. The Minister of Transport shall provide detailed regulations on railway traffic signals.

Article 38. Traffic Rules for Railways

1. Railway traffic rules include provisions on train command, formation, consolidation, operation, avoidance, overtaking, stopping, and reversing.

2. Provisions on train command:

a) Train operation in each section shall be commanded by only one train dispatcher. Train operation orders must be executed through the command of the train dispatcher. Train dispatchers at stations, station duty officers, train captains, and drivers must strictly follow the command orders of the train dispatcher;

b) Within railway stations, the station train dispatcher or station duty officer is the train commander. Train captains and drivers must follow the command orders of the train commander or adhere to signal indications;

c) On trains, the train captain is the highest commander to ensure safe train operation;

d) On trains without a train captain, single locomotives, urban rail cars, the driver is the highest commander to ensure safe train operation.

3. Provisions on train formation:

a) Train formation must comply with railway technical standards and specifications;

b) Carriages must meet safety technical standards and specifications before being coupled.

4. Provisions on train consolidation:

a) Train consolidation involves moving locomotives and carriages from one position to another within railway stations and yards. Train consolidation must be carried out according to the plan of the station duty officer;

b) During train consolidation, drivers must follow the control of the consolidation supervisor.

5. Provisions on train operation:

a) When operating trains, drivers must comply with the following regulations:

Control the train's departure from the station, passage through the station, stopping, avoidance, and overtaking according to the orders of the station duty officer.

Only permitted to control the train into the yard when there is a valid train operation permit.

Only permitted to control the train into the station, passage through the station according to color light signals, semaphore signals, and the signals of the station duty officer.

Control the train speed according to the provisions of Article 42 of this Law.

During train operation, the driver and assistant driver on duty may not leave their work positions.

b) Passenger trains may only operate when passenger carriage doors are closed. Passenger carriage doors may only be opened when the train has come to a complete stop at the railway station.

6. Provisions on train avoidance and overtaking:

a) Train avoidance and overtaking must be conducted at railway stations;

b) Drivers perform train avoidance and overtaking on national railways and dedicated railways according to the orders of the station duty officer; on urban railways according to the orders of the urban railway dispatcher.

7. Provisions on train stopping and reversing:

Drivers must stop the train upon seeing a stop signal; if a situation threatening train safety is detected or an emergency stop signal is received, they may stop or reverse the train urgently. In cases of emergency stopping or reversing, the train captain and driver have the responsibility to notify the station according to regulations.

8. The Minister of Transport shall provide detailed regulations on this matter.

Article 39. Traffic at railway crossings, shared bridges, and tunnels

1. At railway crossings, shared bridges, and tunnels, railway transportation vehicles have priority rights.

2. Train drivers must sound the horn before entering railway crossings, shared bridges, and tunnels; they must turn on lights when traveling through tunnels.

3. Participants in road traffic when passing through railway crossings and shared bridges must comply with the provisions of the Road Traffic Law and this Law.

4. At railway crossings and shared bridges with guards, when the signal light does not operate or gives incorrect signals, or the road barrier is damaged, the crossing guard and bridge guard must manage traffic.

Section 2. ENSURING ORDER AND SAFETY IN RAILWAY TRANSPORTATION TRAFFIC

Article 40. Activities to ensure order and safety in railway transportation traffic

1. Activities to ensure order and safety in railway transportation traffic include:

a) Ensuring safety for people, vehicles, and assets of organizations and individuals in railway transportation activities;

b) Ensuring centralized and unified management of railway transportation operations;

c) Preventing, stopping, and combating acts of destroying railway infrastructure and violations within the railway traffic safety zone;

d) Measures to prevent railway traffic accidents and at grade crossings between railways and roads.

2. Organizations and individuals must comply with legal regulations concerning the assurance of order and safety in railway transportation traffic.

3. Violations of order and safety in railway transportation traffic must be promptly detected and strictly dealt with according to the law.

4. Organizations and individuals participating in railway transportation activities are responsible for ensuring order and safety in railway transportation traffic. Police forces and local authorities at all levels where railways pass through, within their scope of duties and powers, are responsible for ensuring security, order, and safety in railway transportation traffic. Agencies and organizations with responsibilities must cooperate in activities to ensure order and safety in railway transportation traffic.

Article 41. Management of railway transportation traffic

1. Management of railway transportation traffic must adhere to the following principles:

a) Centralized and unified; compliance with published train schedules;

b) Ensuring safe and smooth railway transportation traffic according to the published train schedule;

c) Equality among railway transportation businesses.

2. Management of railway transportation traffic includes the following contents:

a) Establishing, allocating, and publishing train schedules;

b) Organizing unified and centralized train operations, ensuring safety and smoothness according to the published train schedule, traffic signal regulations, railway traffic rules, and train operation orders;

c) Commanding the handling of urgent or abnormal incidents occurring on the railway;

d) Collecting and summarizing information related to railway transportation traffic management work;

e) Coordinating railway transportation traffic management with international railway organizations;

f) Storing data related to management work in accordance with legal regulations.

3. The Minister of Transport shall stipulate national railway transportation traffic management and dedicated railway transportation traffic management.

4. Provincial People's Committees shall stipulate urban railway transportation traffic management.

Article 42. Load, load command, speed command for train operation

1. The load of the train operation shall not exceed the permitted load specified in the load command for each section and railway line.

2. The load command shall be established based on the technical condition and load-bearing capacity of the works and road equipment.

3. The speed command shall be established based on the permissible technical condition, operational capability of the railway works, and the load of railway traffic vehicles.

4. Railway infrastructure business enterprises shall establish and publish load commands and speed commands on sections and railway lines assigned to them for business operations.

5. The Minister of Transport shall stipulate the procedures for establishing and publishing load commands and speed commands on national railways, urban railways running together with national railways, and dedicated railways.

6. Provincial People's Committees shall stipulate the procedures for establishing and publishing load commands and speed commands on urban railways.

Article 43. Train Operation Schedule

1. The train operation schedule is the basis for organizing train operations, and it is developed annually, periodically, and seasonally for each line and the entire railway network. The train operation schedule must be established according to the principle of non-discrimination, ensuring railway traffic safety, and made public.

2. The establishment of the train operation schedule must be based on the following factors:

a) The needs of transport businesses regarding transportation time, volume of goods, number of passengers, and quality of transportation; transport routes, departure stations, stopover stations, and arrival stations;

b) The capacity of railway infrastructure and railway transport vehicles;

c) Time requirements for maintenance and repair of railway works;

d) Priority order of trains running on the same route.

3. Railway infrastructure business enterprises shall establish and publish the train operation schedule on railway lines under their management as prescribed.

4. Competence in establishing and publishing the train operation schedule:

a) The Minister of Transport shall stipulate the establishment, publication, organization of inspection, and supervision of the implementation of the train operation schedule on national railways, dedicated railways connected to national railways, and urban railways running together with national railways;

b) Provincial People's Committees shall stipulate the establishment, publication, organization of inspection, and supervision of the implementation of the train operation schedule on urban railways and dedicated railways not connected to national railways.

Article 44. Responsibilities of Organizations and Individuals in Case of Railway Traffic Accidents

1. When a railway traffic accident occurs, related organizations and individuals must perform the following tasks:

a) The train driver or other railway staff on board must immediately stop the train;

b) The train conductor organizes railway staff and persons present at the accident site to rescue victims, protect state and victim property, and report immediately to the railway traffic control organization or the nearest railway station;

In case the train or railway is damaged, the train conductor must prepare a report on the accident and provide relevant information about the accident upon request from authorized state agencies.

In case the train or railway is undamaged, the train conductor may continue the train's operation after preparing a report on the accident and leaving someone in charge to work with authorized state agencies.

c) The railway traffic control organization or railway station, upon receiving a report, must promptly inform the police and the nearest People's Committee to handle and resolve the railway accident;

d) Police and the nearest People's Committee, upon receiving a report of a railway traffic accident, must immediately go to the scene to resolve the situation.

2. For train units without a train conductor, when a railway traffic accident occurs, in addition to stopping the train immediately, the train driver must perform the duties of the train conductor as stipulated in point b, Clause 1 of this Article. If the train or railway is undamaged, the train driver may only continue the train's operation after preparing a report on the accident and leaving another railway staff member in charge to work with authorized state agencies.

3. The person controlling other modes of traffic passing through the site of a railway traffic accident has the responsibility to transport injured persons to medical facilities, except in cases of urgent duty.

4. Local People's Committees where railway traffic accidents occur have the responsibility to cooperate with the police, railway business enterprises to rescue victims, and protect the property of agencies, organizations, and individuals. In cases where there are deceased persons whose identity is unknown, who have no relatives, or whose relatives are unable to bury them, the People's Committee of the commune where the accident occurred shall be responsible for organizing the burial.

5. All organizations and individuals shall not obstruct the restoration of the railway and railway transportation activities after a railway traffic accident.

6. The Minister of Transport shall stipulate the handling of railway traffic accidents, analysis, statistics, and reporting on railway traffic accidents.

Article 45. Handling when discovering incidents or violations on railways

1. Persons who discover acts or incidents that may obstruct or endanger railway transportation safety shall promptly report to the nearest railway station, railway unit, local authority, or police agency for appropriate measures to be taken; in emergency situations, immediate measures must be taken to signal train stops.

2. Organizations and individuals receiving reports or signals to stop trains shall immediately take measures to ensure railway transportation safety and inform the direct management unit of railway infrastructure so that they can proactively coordinate with relevant units to quickly implement remedial measures.

3. Organizations and individuals causing incidents that obstruct or endanger railway transportation safety shall be subject to handling; if damage is caused, compensation must be provided according to the provisions of the law.

Article 46. Ensuring order and safety in railway operations of railway business enterprises

1. Railway business enterprises have the responsibility to organize the maintenance of order and safety in railway operations within their management scope; actively cooperate with the police agencies and People's Committees to prevent, stop, and resolve, within their authority, violations of railway laws and bear legal responsibility for their decisions.

2. Security forces on trains are organized within railway transport businesses on national railway networks.

3. The Government shall stipulate the organization, uniforms, insignia, duties, and powers of security forces on trains. The equipping, management, and use of support tools by security forces on trains shall be carried out in accordance with the provisions of the law on the management and use of weapons, explosives, and support tools.

Article 47. Responsibilities for ensuring security, order, and safety in railway operations of the Police Force

1. Within their tasks and powers, the Police Force has the following responsibilities:

a) Inspecting and controlling persons and means participating in railway traffic in accordance with the provisions of the law;

b) Investigating, verifying, resolving railway traffic accidents, and handling violations of railway traffic laws;

c) Taking the lead and coordinating with traffic inspectors, railway security forces, and related agencies and organizations to ensure security, order, and safety in railway operations.

2. The Minister of Public Security shall stipulate the procedures, contents of inspection, control, violation handling, investigation, verification, and resolution of railway traffic accidents.

Article 48. Responsibilities for ensuring security, order, and safety in railway operations of People's Committees where railways pass through

Within their functions, tasks, and powers, People's Committees at all levels shall have the responsibility to organize, direct, and inspect the implementation of the following contents:

1. Popularizing and educating the law on ensuring security, order, and railway traffic safety;

2. When allocating or leasing land outside the railway traffic safety corridor, land must be arranged for constructing bypass roads, overpasses, underpasses, and fences to ensure railway traffic safety;

3. Implementing measures to protect against encroachment on the railway traffic safety corridor and ensuring railway traffic order and safety;

4. Managing and enhancing safety conditions at self-opened crossings; reducing and eliminating existing self-opened crossings according to a schedule; bearing responsibility for the emergence of new self-opened crossings;

5. Ensuring funding for implementing traffic safety work within the scope of local responsibility;

6. Inspecting, supervising, and handling violations of railway traffic order and safety in accordance with the provisions of the law;

7. Participating in resolving railway traffic accidents in accordance with Article 44 of this Law;

8. Local leaders where railways pass through shall be responsible for railway traffic accidents occurring within their managed areas in accordance with the provisions of the law.

Chapter VI

RAILWAY BUSINESS OPERATIONS

Section 1. RAILWAY BUSINESS ACTIVITIES

Article 49. Railway Business Activities

1. Railway business includes railway infrastructure business, railway transportation business, and urban railway business.

2. Railway business is a conditional investment and business sector.

3. The Government shall provide detailed regulations for Clause 2 of this Article.

Section 2. RAILWAY INFRASTRUCTURE BUSINESS

Article 50. Railway Infrastructure Business

1. Railway infrastructure invested by the State may be assigned, leased, or transferred on a time-limited basis to enterprises for business operations in accordance with the provisions.

2. Organizations and individuals using railway infrastructure invested by the State or by other organizations and individuals for business activities must pay for the use of railway infrastructure.

Article 51. Rights and Obligations of Enterprises Engaged in Railway Infrastructure Business

1. Enterprises engaged in railway infrastructure business have the following rights:

a) To use and exploit railway infrastructure in accordance with the provisions;

b) To request organizations and individuals involved in railway infrastructure activities to comply with technical standards and norms for railway infrastructure;

c) To establish and submit for approval rental prices for the use of railway infrastructure invested by the State within the scope of assignment, lease, or transfer;

d) To temporarily halt train operations when there is a risk of train safety being compromised due to railway infrastructure issues and bear legal responsibility for their decision;

đ) To be compensated for damages caused by the fault of railway transportation enterprises or other organizations and individuals;

e) To receive support from the State as stipulated in Clause 1 of Article 68 of this Law;

g) Other rights as prescribed by law.

2. Enterprises engaged in railway infrastructure business have the following obligations:

a) To manage and use assets belonging to railway infrastructure in accordance with the provisions of law;

b) To maintain the technical condition and quality of railway infrastructure that has been announced to ensure uninterrupted and safe rail traffic;

c) To establish and announce speed orders, load orders, and train schedules on routes, sections, and zones as a basis for train operations;

d) To organize the management of railway transportation traffic on the national railway system and urban railways when assigned by the State. Provide information about traffic management services and railway infrastructure capacity to state management agencies and customers upon request;

đ) To promptly notify incidents threatening train safety and temporary halts in train operations to station duty officers at both ends of the affected section, railway traffic management personnel, and users of railway infrastructure;

e) To fulfill defense and security tasks and special train operation orders issued by competent state authorities;

g) When assigned, leased, or transferred the right to exploit and the railway infrastructure asset is damaged due to their own subjective fault, enterprises engaged in railway infrastructure business must take responsibility for restoring it themselves;

h) To pay for the use of railway infrastructure in accordance with the provisions;

i) Other obligations as prescribed by law.

Section 3. RAILWAY TRANSPORTATION BUSINESS

Article 52. Railway Transportation Business

1. Railway transportation business includes passenger transportation, luggage transportation, and cargo transportation on railways.

2. The Minister of Transport shall stipulate regulations concerning passenger transportation, luggage transportation, and cargo transportation on national railways and dedicated railways connected to national railways.

3. The People's Committee of the province shall stipulate regulations concerning railway transportation on urban railways.

Article 53. Rights and Obligations of Railway Transportation Enterprises

1. Railway transportation enterprises have the following rights:

a) To be provided with technical, economic, and traffic management service information related to the capacity of railway infrastructure;

b) To use railway infrastructure and traffic management services on the railway system for railway transportation business in accordance with regulations;

c) To temporarily halt train operations when they determine that railway infrastructure poses a risk to train safety, while simultaneously notifying the railway infrastructure business enterprise and bearing legal responsibility for their decision;

d) To be compensated for damages caused by the fault of the railway infrastructure business enterprise or other organizations and individuals;

đ) Other rights as prescribed by law.

2. Railway transportation enterprises have the following obligations:

a) To organize train operations strictly according to the published timetable, load orders, and speed orders by the railway infrastructure business enterprise;

b) To prioritize special mission and social welfare transportation tasks as required by competent state authorities;

c) To cease train operations upon receiving notification from the railway infrastructure business enterprise;

d) To pay for the use of railway infrastructure and traffic management services to the railway infrastructure business enterprise;

e) To ensure safe train operation conditions during the operational period;

f) To comply with directives from competent state authorities and cooperate with the railway infrastructure business enterprise in preventing and responding to accidents, natural disasters, and traffic accidents in accordance with the law;

g) To compensate for damages as prescribed by law;

h) To provide information on transportation demand, vehicle and equipment capacity to the railway infrastructure business enterprise for the purpose of developing and allocating timetables and serving as a basis for investment plans to upgrade and maintain railway infrastructure;

i) Other obligations as prescribed by law.

Article 54. Passenger and Luggage Transportation Contracts

1. A passenger and luggage transportation contract is an agreement between a railway transportation enterprise and passengers regarding the transportation of passengers and luggage, whereby the railway transportation enterprise undertakes to transport passengers and luggage from the departure point to the destination. Such a contract defines the rights and obligations of the parties and may be documented in writing or in another agreed form.

2. A passenger ticket is evidence of the conclusion of a passenger transportation contract. Passenger tickets are issued by the railway transportation enterprise in accordance with the law.

Article 55. Freight Transport Contract

1. A freight transport contract is an agreement between a railway transport business enterprise and a freight customer, whereby the railway transport business enterprise undertakes to transport goods from the place of receipt to the destination and deliver the goods to the consignee specified in the contract. The freight transport contract defines the rights and obligations of the parties and is established in writing or in another form agreed upon by both parties.

2. The bill of lading for goods is a part of the freight transport contract issued by the railway transport business enterprise in accordance with the law. The railway transport business enterprise is responsible for issuing the bill of lading and delivering it to the freight customer after the freight customer has delivered the goods; the bill of lading must be signed by the freight customer or by someone authorized by the freight customer. The bill of lading serves as a receipt for the delivery of goods between the railway transport business enterprise and the freight customer and is evidence for resolving disputes.

3. The bill of lading for goods must clearly state the type of goods; the code and identification number of the goods; the quantity and volume of the goods; the place of delivery and the place of receipt of the goods; the name and address of the shipper and the name and address of the consignee; the freight rate and incidental costs; other details agreed upon by the railway transport business enterprise and the freight customer to be recorded on the bill of lading; confirmation by the railway transport business enterprise regarding the condition of the goods received for transport.

Article 56. Railway Transport Rates

1. National railway passenger and baggage transport rates, and freight rates are determined by the railway transport business enterprise; urban railway passenger and baggage transport rates are prescribed by the People's Committee of the province; specialized railway transport rates are determined by the specialized railway transport business enterprise.

2. Railway transport rates must be posted at railway stations and publicly announced through mass media or on the website of the railway transport business enterprise prior to implementation.

3. The transport rates for oversized and overweight goods are negotiated between the railway transport business enterprise and the freight customer.

4. The Government shall stipulate the exemption or reduction of passenger transport rates for social policy beneficiaries.

Article 57. International Transport

1. International transport is the transport of persons, luggage, and goods from Vietnam to another country, from another country to Vietnam, or through Vietnam to a third country by rail.

2. Railway international transport operations must comply with the provisions of relevant international treaties to which the Socialist Republic of Vietnam is a party.

Article 58. Transport for Special Tasks and Social Welfare

1. Transport for special tasks is the transport of people, goods, and equipment for disaster prevention, mitigation, and response, accident handling, disease control, and urgent national defense and security missions.

2. Transport for social welfare is passenger transport on routes, sections, or segments of railway lines aimed at serving the community in a specific territorial area where the State needs to ensure common benefits, and such transport cannot cover its costs under market mechanisms.

3. The railway transport business enterprise is responsible for implementing transport for special tasks and social welfare according to the requirements of competent state agencies and receives support as provided for in Article 68 of this Law.

Article 59. Insurance Liability in Passenger Transport Business

1. Passenger transport businesses must purchase insurance for passengers; insurance fees shall be included in the passenger ticket price.

2. Passenger tickets and boarding passes serve as evidence for insurance payment when an insured event occurs.

3. The insurance for passengers shall be carried out in accordance with the provisions of the law on insurance business.

Article 60. Rights and Obligations of Passengers

1. Passengers have the following rights:

a) To enjoy all benefits according to the ticket class and not to pay transportation costs for personal luggage within the weight and type limits specified by the railway transport business;

b) To return or exchange tickets before the train departs and bear any applicable fees as stipulated by the railway transport business;

c) To be refunded the ticket price, compensated for damages, and reimbursed for incidental expenses when suffering damage to life, health, or property due to the fault of the railway transport business as provided by law;

d) To be insured for life and health as prescribed by law;

đ) Other rights as prescribed by law.

2. Passengers have the following obligations:

a) To possess valid passenger and baggage tickets and to properly safeguard their personal luggage;

b) To compensate for any damage or loss of property belonging to the railway transport business caused by them;

c) To strictly comply with the train riding regulations and other relevant laws.

Article 61. Rights and Obligations of Freight Shippers

1. Freight shippers have the following rights:

a) To change freight contracts even if goods have been handed over to the railway transport business or loaded onto wagons, and to bear any additional costs arising from such changes;

b) To designate a new consignee for undelivered goods, to request a change in delivery location, or to request the return of goods to the place of dispatch, and to bear all additional costs resulting from these changes;

c) To receive compensation for losses, reduced volume, damage, or decreased quality of goods, or for delayed delivery due to the fault of the railway transport business as provided by law.

2. Freight shippers have the following obligations:

a) To truthfully declare goods and be responsible for the accuracy of such declarations;

b) To pay freight charges on time and in the agreed form as stipulated in the contract;

c) To package goods and meet transportation conditions as instructed by the railway transport business;

d) To deliver goods to the railway transport business at the agreed time and location;

đ) To provide necessary documents, materials, and information about the goods;

e) To compensate for losses caused to the railway transport business due to false declarations about goods or other losses caused by their own fault as provided by law.

Article 62. Dangerous Goods Transportation

1. Dangerous goods are those that pose a risk to human health, life, and environmental hygiene during rail transportation.

2. Rail transportation of dangerous goods must comply with the provisions of the law on dangerous goods transportation and environmental protection.

3. Railway transportation vehicles must meet safety technical requirements to transport dangerous goods.

4. The Government shall specify the list of dangerous goods and the conditions for loading, unloading, and transporting dangerous goods by rail.

Article 63. Transport of Live Animals

The transport of live animals by rail must comply with legal provisions on safety, hygiene, disease prevention, and environmental protection.

Article 64. Transport of Corpses and Remains by National Railways

1. When transporting corpses and remains by national railways, there must be an escort present.

2. When transporting corpses and remains by national railways, hygiene, disease prevention, environmental protection measures must be ensured, and all required documents as stipulated by law must be provided.

Article 65. Transport of Oversized and Overweight Cargo

1. Railway transportation enterprises when transporting oversized and overweight cargo must have plans for organizing loading and unloading, securing, transporting, ensuring train operation safety, and railway infrastructure structure safety.

2. The Minister of Transport shall specify regulations on the transport of oversized and overweight cargo by rail.

Section 4. FINANCIAL MANAGEMENT IN RAILWAY BUSINESS OPERATIONS

Article 66. Fees and Charges for Using Railway Infrastructure Directly Related to Train Operations

1. Fees and charges for using railway infrastructure directly related to train operations are amounts paid for using railway infrastructure directly related to train operations to enable train operations within stations, on routes, or sections of railway lines.

a) Fees for using railway infrastructure directly related to train operations apply to the method of transferring the use of railway infrastructure assets invested by the State.

b) Charges for using railway infrastructure directly related to train operations apply to the leasing or limited-term transfer of the right to use railway infrastructure assets invested by the State.

2. Charges for using railway infrastructure not directly related to train operations are amounts paid to use railway infrastructure not directly related to train operations.

3. The Ministry of Finance, in collaboration with the Ministry of Transport, shall specify fees and charges for using railway infrastructure invested by the State.

Article 67. Charges for Traffic Management Services in Railway Transportation

1. Charges for traffic management services in railway transportation are amounts paid for using traffic management services in railway transportation to enable train operations within stations, on routes, or sections of railway lines.

2. Pricing authority is specified as follows:

a) The Ministry of Transport, in collaboration with the Ministry of Finance, shall specify charges for traffic management services in railway transportation on railway infrastructure invested by the State;

b) Organizations or individuals decide charges for traffic management services in railway transportation on railway infrastructure they invest in.

Article 68. Support for Railway Business Enterprises in Fulfilling Special Tasks and Social Welfare

1. The State provides support to railway business enterprises in cases where transportation serves special tasks and social welfare according to the principle of compensating reasonable costs of the enterprise.

2. The Government shall provide detailed regulations for this Article.

Article 69. Management and Use of Revenue from the State's Transfer, Lease, or Limited-Term Transfer of Rights to Use Railway Infrastructure Assets Invested by the State

Revenue from the State's transfer, lease, or limited-term transfer of rights to use railway infrastructure assets invested by the State shall be managed and used in accordance with legal provisions on the management and use of public assets.

Chapter VII

URBAN RAILWAYS

Article 70. General Requirements for Urban Railways

1. The development of urban railways must be consistent with local development plans and serve as a driving force for urban development.

2. Effectively connect various modes of transportation within the city to transport passengers. Urban railway projects must be spatially and technically connected to adjacent facilities, meeting the requirements of urban planning synchronization.

3. Urban railway infrastructure, equipment, and facilities must meet economic and technical requirements, ensuring integration, safety, national defense, security, fire prevention, explosion prevention, rescue operations, urban aesthetics, and environmental protection.

4. The traffic safety corridor of urban railways must satisfy the following requirements:

a) No trees shall be planted or unauthorized constructions made within the scope of the safety corridor;

b) It must be isolated to prevent any unauthorized intrusion;

c) It must meet the requirements for firefighting, explosion prevention, rescue operations, and emergency response.

5. Passenger convenience must be ensured, and accessibility for persons with disabilities must be guaranteed according to the provisions of the law.

Article 71. Types of Urban Railways

1. Urban railways include underground rail, surface rail, elevated rail, single-track automated guided rail, and steel-wheel tram.

2. The establishment and issuance of national technical standards and regulations for types of urban railways shall be carried out in accordance with the laws on technical standards and regulations.

Article 72. Policies for Developing Urban Railways

1. The policies stipulated in Article 5 of this Law.

2. The State shall mobilize resources to develop urban railways as one of the main forms of transportation in large cities.

3. The State shall support the business operation of urban railways.

Article 73. Responsibilities of Provincial People's Committees in Investment, Construction, and Management of Urban Railways

1. Organize investment, construction, management, and operation of urban railways within their jurisdiction.

2. Decide on the application of standards for urban railways.

3. Organize and guide the implementation of the protection of urban railway infrastructure.

4. Issue or submit to competent authorities for issuance of price support policies for urban railway transportation in accordance with the law.

Article 74. Rights and Obligations of Businesses Operating Urban Railways

1. Implement the rights and obligations of businesses operating railway infrastructure and railway transportation businesses as prescribed in Articles 51 and 53 of this Law.

2. Research and apply scientific and technological advancements, and train human resources to meet business requirements.

Article 75. Requirements for Urban Railway Infrastructure

1. Urban railway infrastructure must ensure stability, durability, and meet technical safety, environmental, fire prevention, and explosion prevention requirements corresponding to the type of urban railway being invested in.

2. The traction power supply system must be centrally controlled, monitored, stable, and have backup capacity to avoid disrupting train operations.

3. The train operation management system must operate in a centralized manner.

4. Necessary information and guidance for customers must be clear, easy to understand in both Vietnamese and English.

Article 76. Ticket Control System

1. The ticket control system must use modern technology, be uniform, and have the capability to connect with the ticket control systems of other modes of transportation.

2. Equipment of the ticket control system must ensure prevention and limitation of destructive actions and unauthorized access.

3. The ticket control system must ensure easy accessibility and usage for passengers and railway staff, and safety.

Article 77. Urban Rail Safety Management

1. New urban rail systems or those undergoing upgrades before being put into operation must undergo a system safety assessment and certification; they must also be reviewed and issued a Certificate of Review for the Urban Rail System Safety File.

2. Businesses operating urban rail systems must establish and maintain a safety management system and obtain a periodic Certificate of Safety Management System for Urban Rail Operations.

3. The Minister of Transport shall stipulate the implementation of system safety assessment and certification for urban rail systems and the issuance of Certificates of Review for the Urban Rail System Safety File and Certificates of Periodic Safety Management System for Urban Rail Operations.

Chapter VIII

HIGH-SPEED RAILWAY

Article 78. General Requirements for High-Speed Railways

1. Effective connection between major cities, economic centers, key economic zones, and other modes of transport.

2. Ensuring synchronization, modernity, safety, disaster prevention, environmental protection.

3. Must be studied comprehensively along the entire route and organized for construction based on transportation needs and capital mobilization capabilities.

4. Railway infrastructure and equipment for high-speed railways must meet technical requirements for synchronization, safety, efficiency, and fire prevention, firefighting, rescue, and emergency response.

5. Must maintain a management system capable of inspecting and supervising safe train operations.

6. Land allocated for high-speed railways according to approved planning must be marked out according to construction planning regulations for management and investment preparation.

7. The safety buffer zone of high-speed railways must be strictly protected against any illegal intrusion.

8. Must ensure convenience for passengers and accessibility for persons with disabilities as prescribed by law.

9. Training, developing human resources, and transferring technology must be appropriate to the construction plan and meet management, operation, and exploitation requirements.

Article 79. Policy for Developing High-Speed Railways

1. The policies stipulated in Article 5 of this Law.

2. The State plays a leading role in investing in, managing, maintaining, and operating high-speed railways.

3. Focus on developing high-speed railways connecting key economic zones to promote economic and social growth.

4. Develop high-speed railways that are synchronized and modern.

Article 80. Requirements for High-Speed Railway Infrastructure

1. High-speed railway infrastructure must ensure stability, durability, and meet technical requirements for safety, environment, fire prevention, and explosion prevention corresponding to the type of high-speed railway being invested in.

2. The traction power supply system must be centrally controlled, monitored, stable, and have backup capacity to avoid disrupting train operations.

3. The train operation management system must operate in a centralized manner.

4. Necessary information and guidance for customers must be clear, easy to understand in both Vietnamese and English.

Article 81. Management, Operation, and Maintenance of High-Speed Railways

1. The State ensures funding for the management and maintenance of high-speed railway infrastructure it has invested in.

2. Investors must ensure funding for the management and maintenance of high-speed railway infrastructure they have invested in.

3. The organization of high-speed railway operations must ensure safety, convenience, and efficiency.

Article 82. Management of High-Speed Railway Safety

1. New high-speed railways or those upgraded must be evaluated and certified for system safety before being put into operation.

2. Enterprises operating high-speed railways shall establish and maintain a railway safety management system.

Chapter IX

STATE MANAGEMENT OF RAILWAY ACTIVITIES

Article 83. Contents of State Management over Railway Activities

1. Developing and organizing the implementation of planning, policies, and plans for railway development.

2. Developing, promulgating, and implementing legal normative documents, national technical standards, and economic-technical norms specific to railways.

3. Popularizing and educating the law on railways.

4. Managing investment in railway infrastructure construction; announcing the opening and closing of railway stations and lines.

5. Managing public investment capital in the railway sector; managing maintenance work for railway infrastructure.

6. Managing railway transportation activities and traffic control operations.

7. Managing security and safety assurance for railway operations; organizing management and security for special mission trains.

8. Managing disaster prevention, search and rescue operations, and accident investigation in railway traffic.

9. Issuing, reissuing, recognizing, revoking, and canceling certificates, licenses, and certificates related to railway activities.

10. Organizing registration and inspection of railway transportation vehicles.

11. Managing scientific and technological activities; training and developing human resources; environmental protection, climate change response, and energy-efficient usage in railway operations.

12. International cooperation in railway activities.

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

14. Inspecting, supervising, resolving complaints and denunciations, and handling violations of the law in railway activities.

Article 84. Responsibilities for State Management of Railway Activities

1. The Government shall uniformly manage state affairs concerning railway activities.

2. The Ministry of Transport shall act as the lead agency assisting the Government in managing state affairs concerning railway activities.

3. Ministries and agencies at the ministerial level within their respective duties and authorities shall be responsible for leading and coordinating with the Ministry of Transport to implement state management of railways.

4. Provincial People's Committees within their respective duties and authorities shall be responsible for organizing the implementation of state management of railway activities.

Article 85. Propaganda, Dissemination, and Legal Education on Railways

1. All organizations operating in the railway sector shall be responsible for propagandizing, disseminating, and educating the law on railways to their staff and employees under their management; coordinating with local authorities where railways pass through to propagate and mobilize the people to comply with railway laws.

2. Local People's Committees at all levels shall be responsible for disseminating and educating the law on railways to the people in their locality.

3. Information and propaganda agencies shall be responsible for organizing regular and extensive dissemination of railway laws to the public.

4. Agencies managing state education and training shall be responsible for directing legal education on railways in educational institutions.

5. The Vietnam Fatherland Front and its member organizations shall be responsible for coordinating with relevant agencies and local authorities to propagate and mobilize the people to implement railway laws.

Chapter X

IMPLEMENTING PROVISIONS

Article 86. Effective Date

1. This Law shall take effect from July 1, 2018.

2. The Railway Law No. 35/2005/QH11 shall cease to be effective from the date this Law takes effect.

Article 87. Transitional Provisions

1. Investment projects for railway infrastructure construction that have been approved before the effective date of this Law shall not need to be re-approved; subsequent activities that have not yet been carried out shall be implemented in accordance with this Law.

2. For rail connection points of existing railway lines that have not been implemented in accordance with Clause 1, Article 15 of this Law prior to the effective date of this Law, the railway infrastructure business enterprises must take measures to ensure train safety.

3. For railway crossings at the same level of existing railway lines that have not been implemented in accordance with Clause 1, Article 17 of this Law prior to the effective date of this Law, the railway infrastructure business enterprises must take measures to ensure train safety.

4. For unauthorized pedestrian paths that exist prior to the effective date of this Law and have not been implemented in accordance with Point b, Clause 4, Article 17 of this Law, the People's Committees at all levels shall take the lead, coordinate with relevant state management agencies and railway infrastructure business enterprises to implement measures to ensure railway and road traffic safety.

This Law was passed by the National Assembly of the Socialist Republic of Vietnam, the third session of the fourteenth term, on June 16, 2017.