Decree No. 109/2006/ND-CP detailing and guiding the implementation of certain provisions of the Railway Law

DECREE

Detailed regulations and guidance for implementation of certain provisions of the Railway Law

_________________________________

 

THE GOVERNMENT

 

Pursuant to the Law on Organization of the Government dated December 25, 2001;

BASED ON THE Railways Law dated June 14, 2005;

CONSIDERING the proposal of the Minister of Transport;

 

DECREE:

 

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

THIS DECREE provides detailed regulations and guidance on implementing certain provisions of the Railways Law concerning railway infrastructure structure; urban railways; railway business operations; management and use of financial resources for managing and maintaining railway infrastructure structures invested by the State; fare exemptions and reductions for social policy beneficiaries; lists of dangerous goods and their transportation by rail; responsibilities of ministries, ministerial-level agencies, government agencies, and provincial people's committees (hereinafter referred to as provincial people's committees) in ensuring traffic order and safety for railway transport.

Article 2. Applicability

This Decree applies to organizations and individuals in Vietnam and foreign organizations and individuals engaged in activities related to railways on the territory of the Socialist Republic of Vietnam.

In cases where international treaties to which the Socialist Republic of Vietnam is a party provide different provisions from those stipulated in this Decree, the provisions of such international treaties shall be applied.

Article 3. Dedicated Railways Not Connecting with National Railways

The application of technical quality standards, safety standards, and environmental protection standards for railway transportation equipment, railway infrastructure construction standards, and railway operation procedures shall be carried out in accordance with the regulations of the Ministry of Transport.

Article 4. Management and Implementation of Railway Development Master Plans

1. The Ministry of Transport shall be responsible for managing and implementing the overall master plan for railway development; approving detailed plans for developing railway infrastructure structures and railway transportation in each phase and region in accordance with the overall master plan for railway development approved by the Prime Minister.

2. The Ministry of Planning and Investment, the Ministry of Finance, and related ministries and sectors shall, based on their functions and tasks, take the lead or coordinate with the Ministry of Transport to implement matters related to the overall master plan for railway development approved by the Prime Minister.

3. People's committees at all levels where railways pass through shall be responsible for coordinating the implementation of railway development plans and protecting railways.

4. Railway business enterprises, based on their business sectors, shall be responsible for investing in the development of railway infrastructure structures, railway transportation equipment, industrial facilities, services, and railway equipment in accordance with the approved railway development plan.

Chapter II

RAILWAY INFRASTRUCTURE

Article 5. Land Reserved for Railways

1. Land reserved for railways includes land for constructing railway works, land within the scope of railway work protection areas, and land within the railway traffic safety corridor.

2. Enterprises engaged in railway infrastructure business shall primarily be responsible for managing and protecting land reserved for railways; ensuring proper use according to the approved purpose and complying with relevant laws on land. People's committees at the commune level where railway works are located shall be responsible for protecting land within the scope of railway work protection areas and railway traffic safety corridors; detecting and penalizing violations within these areas.

Within the railway traffic safety corridor, only low trees under 1.5 meters tall are permitted, and they must be at least 2 meters away from the edge of the embankment base, at least 5 meters away from the edge of the top of the cut, or at least 3 meters away from the outer edge of the longitudinal drainage ditch along the railway or the top drainage ditch.

3. Land reserved for railways must be marked with boundary markers. The marking of boundary markers for land reserved for railways shall be carried out as follows:

a) For planned land reserved for railways, the marking of boundary markers shall be led by the Ministry of Transport, in coordination with the provincial people's committee where the railway plan is located.

b) For land already occupied by railway works, enterprises engaged in railway infrastructure business shall be responsible for leading, in coordination with the district people's committee where the railway works are located, to develop specific plans for marking boundary markers to determine the scope of railway work protection areas and railway traffic safety corridors, to be submitted to the provincial people's committee where the railway works are located for approval; simultaneously informing the commune people's committee where the railway works are located to cooperate in protection.

Within three months from the date of approval of the boundary marker marking plan by the provincial people's committee, the enterprise engaged in railway infrastructure business shall be responsible for leading, in coordination with the district people's committee and the commune people's committee where the railway works are located, to publicly announce the boundary markers for the scope of railway work protection areas and railway traffic safety corridors, to mark boundary markers on-site, and to hand over the boundary markers to the commune people's committee where the railway works are located for management and protection.

4. Enterprises engaged in railway infrastructure business shall be responsible for leading, in coordination with the commune people's committee and competent authorities on natural resources and the environment at the district level where the railway works are located, to review the current land use status within the scope of railway work protection areas and railway traffic safety corridors to propose solutions to competent state authorities for resolution as follows:

a) For works existing before the announcement of the scope of railway work protection areas and railway traffic safety corridors in accordance with the law:

- In cases where land use affects the safety of the works or railway traffic safety, or activities of the railway works directly affect the lives and health of land users, the competent state authority for railways shall conduct an assessment of the impact level, and if land recovery is necessary, it shall propose the competent people's committee to decide on land recovery. Persons whose land is recovered shall be compensated and supported in accordance with the law.

- In cases where land use does not affect the safety of the works or railway traffic safety, or activities of the railway works do not directly affect the lives and health of land users, the current land users may continue to use the land for its intended purpose as approved by the competent state authority but must comply with regulations on ensuring the safety of the works and railway traffic safety.

b) For construction works carried out after the scope of protection for railway works and the railway traffic safety zone has been announced according to the provisions of the law, they shall be handled in accordance with the provisions of the law, and the owner of the construction work shall not be compensated or supported when land is reclaimed, except for construction works permitted under Article 33 of the Railway Law.

5. The Chairperson of People's Committees at all levels where there are railway works within their duties and powers shall have the following responsibilities:

a) Detecting, preventing, and promptly dealing with cases of encroachment, illegal occupation, and unauthorized use of land reserved for railways; compelling persons who violate the law to restore the original condition to ensure railway transportation order and safety according to the law.

In case of encroachment, occupation, or illegal use of land allocated for railways in their locality, the Chairpersons of People's Committees at all levels shall bear responsibility as prescribed by law;

b) Cooperating with state management agencies on railways and railway infrastructure business enterprises in disseminating and publicizing laws on ensuring railway construction safety, transportation order, and safety; announcing, setting up, and transferring boundary markers for land reserved for railways.

Article 6. Preferential policies for organizations and individuals investing in national railway construction and urban railway construction

Organizations and individuals investing in national railway construction and urban railway construction shall enjoy the following preferential policies:

1. Being allocated land without payment of land use fees for land used to construct railway lines, including railway track land, bridge, culvert, retaining wall, barrier wall, drainage system, communication and signaling system, power supply system, land within railway tunnels, and all land for constructing railway stations, locomotive operation facilities, carriage facilities, and other auxiliary facilities necessary for train operations on the line.

2. Leasing land with the most favorable terms for land used to construct cargo yards, inland container depots (ICD), and other railway infrastructure facilities outside railway stations.

3. Receiving full financial support from the State budget for land clearance costs for land reserved for railways as stipulated in Clause 1 of this Article.

The Ministry of Transport shall take the lead and coordinate with the Ministry of Planning and Investment, the Ministry of Finance, and provincial People's Committees to implement financial support for land clearance costs for land reserved for railways as stipulated in Clause 1 of this Article.

4. Exemption or reduction of import tax on materials, technology, and railway technical equipment that cannot be produced domestically according to the provisions of the tax law.

5. In addition, for urban railway construction projects, the State shall provide financial support from the central budget for a portion of the investment costs of approved urban railway construction projects.

6. Other benefits as prescribed by law.

Article 7. Construction of Works, Exploitation of Resources, and Other Activities in Areas Adjacent to Railway Protection Zones

1. Construction of works, exploitation of resources, or conducting other activities in areas adjacent to railway protection zones must not affect the safety of railway works and railway transportation activities.

2. The minimum safe distance for some works in areas adjacent to railway protection zones is specified as follows:

a) Buildings made of flammable materials must be at least 5 meters away from the railway traffic safety zone boundary.

b) Lime kilns, pottery kilns, brick kilns, iron and steel furnaces, cement kilns, glass furnaces must be at least ten meters away from the boundary of the railway traffic safety corridor;

c) Warehouses storing toxic substances, explosives, flammable materials, and explosive materials must be located according to the relevant laws' regulations from the railway traffic safety strip boundary;

d) Overhead power lines above railways, in addition to complying with the minimum safe distance requirements under the law on electricity, must also have measures to prevent interference with railway communication and signaling systems and ensure safety in case the power lines break.

3. In cases where construction, resource exploitation, or other activities may affect the safety of railway works or railway transportation safety, the investor of the construction work, organization, or individual exploiting resources or conducting other activities must immediately inform the railway infrastructure business enterprise and take necessary measures to ensure the safety of railway works and railway transportation safety.

Chapter III

URBAN RAILWAYS

Article 8. Standards for urban areas to invest in building urban railway

Cities investing in urban railway construction must meet the following standards:

1. Urban areas with functions as political, economic, cultural, scientific and technological, tourism, service centers, transportation hubs, domestic and international exchanges playing a role in promoting the socio-economic development of a territorial region, inter-provincial or nationwide.

2. The ratio of non-agricultural labor force in the total labor force must be 85% or more.

3. Population size of one million people or more.

4. Average population density of 12,000 people/km².² or more.

Article 9. Financial support for urban railway transportation

Annually, based on the need for financial support for urban railway transportation, the People's Committee at the provincial level will balance the budget funds into the local budget. In cases where there is still a shortage, the central government budget will provide support from the financial support fund for public transport services in urban areas as stipulated in Clause 4, Article 56 of the Railway Law and regulations on the state budget.

Chapter IV

RAILWAY BUSINESS OPERATIONS

Article 10. Responsibilities of organizations and individuals engaged in railway business

1. Ensuring all conditions for business registration as prescribed by law and conditions for business sectors regulated in this Decree.

2. Adhering to legal provisions on railway transportation and other relevant laws.

3. Fulfilling all obligations to the State as prescribed by law in a timely manner.

Article 11. General Conditions for Railway Business

1. Railway business includes the following types:

a) Infrastructure railway business;

b) Railway transport business;

c) Cargo loading and unloading business at railway stations and cargo yards;

d) Cargo storage and preservation business at railway stations;

đ) Railway transportation equipment production, assembly, modification, and restoration business;

e) Railway transportation agency service business;

g) Cargo handling and delivery service business.

2. Railway business is conditional business. Enterprises and cooperatives (hereinafter referred to as enterprises) engaged in railway business must meet the following general conditions:

a) Enterprises established in accordance with Vietnamese laws;

b) Having a business registration consistent with the type of business;

c) Having equipment and facilities suitable for the type of business.

Article 12. Conditions for Railway Transportation Business

Enterprises engaged in railway transport business must meet the following conditions:

1. The conditions stipulated in Clause 2, Article 11 of this Decree.

2. Having a safety certificate as prescribed in Article 75 of the Railway Law.

3. Railway traffic means of transport must have valid registration certificates and inspection certificates regarding quality standards, technical safety, and environmental protection.

4. Having a contract for providing traffic control services with a traffic control organization.

5. The person responsible for managing technical operations of railway transportation must hold a bachelor’s degree and have at least three (03) years of experience in railway transportation operations. Direct train service staff must meet the requirements set out in Article 46 of the Railway Law and be thoroughly familiar with railway procedures and regulations.

6. For passenger transportation business and dangerous goods transportation business via railway, in addition to the conditions stipulated in Clauses 1, 2, 3, 4, and 5 of this Article, enterprises must also have insurance contracts as prescribed by insurance law.

7. For urban railway transportation business, in addition to the conditions stipulated in Clauses 1, 2, 3, 4, 5, and 6 of this Article, enterprises must also have plans for organizing train operations ensuring safe, regular, and punctual train schedules according to published timetables.

Article 13. Conditions for Infrastructure Railway Business

Enterprises engaged in infrastructure railway business must meet the following conditions:

1. The conditions stipulated in Clause 2, Article 11 of this Decree.

2. Having a safety certificate as prescribed in Article 75 of the Railway Law.

3. The person responsible for managing technical infrastructure railway operations must hold a bachelor’s degree and have at least three (03) years of experience in railway infrastructure operations. Direct train service staff must meet the requirements set out in Article 46 of the Railway Law and be thoroughly familiar with railway procedures and regulations.

Article 14. Conditions for Cargo Loading and Unloading Business at Railway Stations and Freight Yards

Enterprises engaged in cargo loading and unloading business at railway stations and cargo yards must meet the following conditions:

1. The conditions stipulated in Clause 2, Article 11 of this Decree.

2. Loading and unloading locations must meet safety requirements as prescribed by the Ministry of Transport.

3. Loading and unloading equipment put into operation must comply with technical safety standards as prescribed.

4. Operators of loading and unloading equipment must hold licenses, certificates, and professional qualifications as prescribed by law.

Article 15. Conditions for Warehouse Storage and Goods Preservation Business at Railway Stations

Enterprises operating warehousing and goods storage at railway stations must meet the following conditions:

1. The conditions stipulated in Clause 2, Article 11 of this Decree.

2. Warehouses and yards meeting the prescribed standards.

3. Ensuring regulations on fire prevention and explosion control and environmental sanitation.

Article 16. Conditions for Railway Traffic Means Production, Assembly, Modification, and Restoration Business

Enterprises operating production, assembly, modification, and restoration of railway transportation equipment must meet the following conditions:

1. The conditions stipulated in Clause 2, Article 11 of this Decree.

2. Having a quality supervision and management department.

3. Having fire prevention and firefighting plans and pollution prevention measures approved by competent authorities or issued with certificates.

4. Having at least one (01) technical officer with a bachelor’s degree specializing in mechanical engineering related to railway traffic means.

Article 17. Content, procedures, and formalities for issuing, amending, supplementing, and revoking railway business registration certificates

The content, procedures, and formalities for issuing, amending, supplementing, and revoking business registration certificates for railways shall be carried out in accordance with the provisions of the law on business registration.

Article 18. Construction and publication of load orders, speed orders, and train schedules

1. The Minister of Transport shall guide the implementation of the construction, issuance, and publication of load limits, speed limits, and train schedules for national railways and urban railways.

2. Organizations and individuals managing and operating dedicated railways shall organize the construction and publication of load orders, speed orders, and train schedules, and shall be responsible for accidents occurring in accordance with the provisions of the law.

Article 19. Detailed regulations on railway transportation business

The Minister of Transport shall issue detailed regulations and provide guidance on the operation of cargo, passenger, baggage, and consignment transportation businesses on railways.

Article 20. Management and utilization of financial resources for the management and maintenance of railway infrastructure invested by the State

1. Financial resources for managing and maintaining railway infrastructure invested by the State shall be used for the following purposes:

a) Managing assets belonging to railway infrastructure invested by the State in accordance with the provisions of the law;

b) Maintenance and repair to maintain technical condition and improve the quality of railway infrastructure invested by the State, ensuring safe and uninterrupted railway traffic;

c) Organizing prevention, response, and timely remediation of consequences caused by incidents, natural disasters, and railway traffic accidents to ensure safe and uninterrupted railway transportation.

2. National railway infrastructure enterprises investing in railway infrastructure within their management scope shall develop plans for managing and maintaining national railway infrastructure invested by the State.

3. State management agencies with authority shall assign plans and place orders for the management and maintenance activities of national railway infrastructure invested by the State according to the provisions of the law on production and supply of public goods and services.

4. The management, allocation, settlement, and final accounting of financial resources from the state budget for the management and maintenance of railway infrastructure invested by the State shall be carried out in accordance with the provisions of the state budget law.

Article 21. Exemption and reduction of fares for social policy beneficiaries

1. The following social policy beneficiaries shall enjoy exemptions and reductions in ticket prices:

a) Persons who were engaged in revolutionary activities before January 1, 1945;

b) Persons who participated in revolutionary activities from January 1, 1945, to before the August 19 Revolution in 1945;

c) Mothers of Vietnam's Heroic Martyrs;

d) War invalids and persons receiving benefits equivalent to war invalids;

d) War invalids;

e) Persons who participated in revolutionary and anti-French resistance activities and were captured and imprisoned by the enemy; persons who were exposed to toxic chemicals during the anti-French resistance;

g) Elderly people aged 90 years and above;

h) Victims of Agent Orange;

i) Severely disabled persons;

k) Children, students, and university students.

2. The Ministry of Transport shall take the lead and coordinate with the Ministry of Labor, Invalids and Social Affairs and the Ministry of Finance to guide the implementation of fare exemptions and reductions suitable for each stage of economic and social development of the country.

Article 22. Support for maintaining train operations in special cases

Maintaining train operations to serve economic and social needs, defense, and security requirements without sufficient cost recovery shall be supported by the Prime Minister's decision for specific cases.

Chapter V

LIST OF DANGEROUS GOODS AND THE

TRANSPORTATION OF DANGEROUS GOODS ON RAILWAYS

Section 1

DANGEROUS GOODS

Article 23. Classification of dangerous goods

1. Based on chemical and physical properties, dangerous goods are classified into nine categories (categories 1, 2, 4, 5, and 6 are divided into subgroups) as follows:

Category 1: Explosives.

Subgroup 1.1: Explosives.

Subgroup 1.2: Industrial explosives.

Category 2: Flammable gases and toxic gases.

Subgroup 2.1: Flammable gases.

Subgroup 2.2: Toxic gases.

Category 3: Flammable liquids and flammable liquid desensitized explosives.

Category 4: Flammable solids.

Subgroup 4.1: Flammable solids, self-reactive substances, and desensitized solid explosives.

Subgroup 4.2: Substances liable to spontaneous combustion.

Subgroup 4.3: Substances which emit flammable gases when in contact with water.

Category 5: Oxidizing substances.

Subgroup 5.1: Oxidizing substances.

Subgroup 5.2: Organic peroxides.

Category 6: Toxic and infectious substances.

Subgroup 6.1: Toxic substances.

Subgroup 6.2: Infectious substances.

Type 7: Radioactive materials.

Type 8: Corrosive substances.

Category 9: Miscellaneous dangerous substances and articles.

2. Packaging and containers of dangerous goods that have not been cleaned inside and outside after removal of dangerous goods are also considered as corresponding dangerous goods.

Article 24. List of dangerous goods

1. The list of dangerous goods is classified by type and group with hazard codes and numbers as prescribed by the United Nations in Appendix I attached to this Decree.

2. The degree of danger of each substance in the list of dangerous goods is indicated by a hazard number consisting of two to three digits as prescribed in Appendix II attached to this Decree.

3. Based on the list of dangerous goods issued by the Government, the Prime Minister shall adjust the list of dangerous goods for each period to suit actual conditions based on the proposals of the agencies specified in Article 26 of this Decree.

Article 25. Packaging, containers, labels, markings, and warning signs for dangerous goods

1. Dangerous goods that must be packaged shall be packaged before being transported on railways. The packaging of dangerous goods must comply with Vietnamese standards and the regulations of competent state authorities.

2. Containers and packages for dangerous goods must meet the standards and must be marked with dangerous goods labels. The size, symbols, and colors of dangerous goods labels shall be implemented according to point 1 of Appendix III attached to this Decree.

3. Labeling of dangerous goods shall be carried out in accordance with the regulations on labeling of domestic goods and imported/exported goods.

4. Dangerous goods labels must be affixed to both sides of the transport vehicle. If a vehicle carries different types of dangerous goods, all labels for those types of dangerous goods must be affixed. If the vehicle carries containers or tanks containing dangerous goods, the dangerous goods labels must also be directly affixed to those containers or tanks.

5. Warning signs for dangerous goods shall be rectangular with an orange-yellow color, with the United Nations code number (UN number) in the center. The size of the warning sign is specified in point 2 of Appendix III attached to this Decree. The position of the warning sign is below the dangerous goods label.

6. The packaging, containers, labels, markings, and warning signs for the transportation of radioactive materials must also comply with the provisions of the law on radiation safety and control.

Article 26. Responsibility for drafting, amending, and supplementing regulations on dangerous goods

The responsibility for drafting, amending, and supplementing regulations on the list of dangerous goods, packaging standards, containers, and necessary precautions when loading, unloading, and transporting dangerous goods shall be carried out as follows:

1. The Ministry of Agriculture and Rural Development is responsible for plant protection chemicals.

2. The Ministry of Health shall be responsible for toxic chemicals used in the medical field and insecticides, disinfectants used in household applications.

3. The Ministry of Trade shall be responsible for types of fuel oil and natural gas.

4. The Ministry of Industry shall be responsible for hazardous chemicals used in industrial production.

5. The Ministry of Science and Technology shall be responsible for radioactive substances.

6. The Ministry of Natural Resources and Environment shall be responsible for other hazardous toxic chemicals in various categories and groups of dangerous goods.

Section 2

TRANSPORTATION OF DANGEROUS GOODS

Article 27. General Provisions

1. Organizations and individuals in Vietnam and foreign organizations and individuals engaged in the transportation of dangerous goods by rail must comply with the provisions of the Railway Law and this Decree.

2. Transportation, loading, unloading, and storage of radioactive materials and industrial explosives on railways, in addition to complying with the provisions of the Railway Law and this Decree, must also comply with other relevant laws.

3. Train operation, train formation, and train consolidation during the transportation of dangerous goods must comply with railway procedures and regulations.

4. The Ministry of National Defense and the Ministry of Public Security, in collaboration with the Ministry of Transport, shall establish regulations for the transportation of dangerous goods by rail for defense and security purposes.

Article 28. Transportation of Dangerous Goods in Special Cases

The Prime Minister decides on the transportation of hazardous goods by rail in the following cases:

1. Goods serving urgent needs for disease prevention and control, disaster relief, and enemy threats.

2. Transit goods of countries and international organizations that Vietnam is not a member of the international treaties with such countries and organizations.

Article 29. Conditions for Participants in the Transportation of Dangerous Goods

1. Train dispatchers, station duty officers, train captains, train consolidation crew members (consolidation team leaders; locomotive coupling staff, car coupling staff; ticket collectors), station cargo handlers, drivers controlling transport vehicles carrying dangerous goods, warehouse keepers, loaders, and unloaders of dangerous goods at stations and yards must be trained according to the regulations of the Ministry of Transport.

2. Escorts of dangerous goods, warehouse keepers, loaders, and unloaders of dangerous goods at consignor's warehouses must be trained according to the regulations stipulated in Article 26 of this Decree.

Article 30. Loading, Unloading, and Storage of Dangerous Goods

1. Persons responsible for loading, unloading, and storing dangerous goods must carry out these activities in accordance with the regulations of the Ministry of Transport and the agencies specified in Article 26 of this Decree.

2. Based on the regulations of the Ministry of Transport, the agencies specified in Article 26 of this Decree, and the instructions of the freight customer, the person primarily responsible for receiving and organizing the transportation of dangerous goods decides on the loading plan and securing measures for dangerous goods and directs related positions to properly load and unload the goods.

Loading and securing dangerous goods on rail transport vehicles must strictly follow the loading plan. Different types of dangerous goods that enhance or create higher risks when loaded together in the same carriage must not be mixed.

Formation of trains transporting hazardous goods must comply with the regulations governing the transportation of such goods.

3. Loading and unloading of dangerous goods in station and inland port warehouses must follow the guidance of the warehouse keeper. Based on the regulations of the Ministry of Transport, the agencies specified in Article 26 of this Decree, and the instructions of the freight customer, the warehouse keeper guides and supervises the loading and unloading of dangerous goods in the warehouse and yard and is responsible for the period during which the dangerous goods are stored there.

4. For types and categories of hazardous goods that must be stored separately, they must be loaded, unloaded, and stored in designated areas to ensure safety according to their characteristics.

5. After all hazardous goods have been removed from the warehouse or yard, the storage area must be cleaned to prevent any impact on other goods.

Article 31. Conditions for Hazardous Goods Transport Vehicles

In addition to meeting the conditions prescribed by the Railway Law, transportation means for hazardous goods must also satisfy the following requirements:

1. Comply with the type of goods being transported as prescribed. The Ministry of Transport shall take the lead and coordinate with the agencies specified in Clause 2, Article 36 of this Decree to stipulate the conditions for railway cars transporting hazardous goods corresponding to the type, group, and name of hazardous goods.

2. After unloading all hazardous goods, if the hazardous goods transport vehicle does not continue to transport that type of goods, the consignee shall be responsible for organizing cleaning according to the prescribed procedures at the designated location without affecting the railway and environmental hygiene.

The Ministry of Transport shall take the lead and coordinate with the agencies specified in Article 26 of this Decree to guide the procedures and locations for cleaning railway transportation vehicles after transporting hazardous goods.

Article 32. Responsibilities of Persons Directly Involved in Hazardous Goods Transportation

1. Persons directly involved in hazardous goods transportation include train dispatchers, station duty officers, train captains, shunting crew members, station cargo handling staff, and drivers controlling hazardous goods transport vehicles.

2. In addition to complying with the provisions of the Railway Law and related regulations in this Decree, based on their functions and duties, persons directly involved in hazardous goods transportation shall also have the following responsibilities:

a) Adhere to the provisions recorded in the permit for dangerous goods regarding the type, group, and name of dangerous goods that require a permit.

b) Implement instructions recorded in the notification from the dangerous goods transportation lessee.

c) Prepare a dangerous goods file including the transport document, cargo layout diagram, and other relevant documents.

d) Regularly guide and supervise the loading and unloading of goods on the vehicle, and ensure the preservation of dangerous goods during transportation when there is no escort.

d) When discovering a hazardous goods incident that threatens the safety of people, vehicles, the environment, and other goods during transportation, promptly implement measures to limit or eliminate the potential harm caused by the hazardous goods; prepare a report, and report to the People's Committee of the nearest locality and relevant agencies for handling. If beyond their capacity, they must report to superiors and the hazardous goods transportation charterer for timely resolution.

Article 33. Responsibilities of the Hazardous Goods Transportation Charterer

In addition to complying with the provisions of the Railway Law and related regulations in this Decree, the dangerous goods transportation lessee shall also have the following responsibilities:

1. Hold a permit for dangerous goods issued by the competent authority for the type, group, and name of dangerous goods that require a permit.

2. Prepare a declaration form for hazardous goods shipment as prescribed and hand it over to the transporter before loading onto the vehicle, clearly stating: name of hazardous goods; code number; type and group of hazardous goods; total weight; packaging type; number of packages; date and place of production; name and address of the hazardous goods transportation charterer; name and address of the hazardous goods consignee.

3. Notify the hazardous goods transportation enterprise in writing about the requirements to be implemented during transportation; provide guidance on handling incidents caused by hazardous goods, including when there is an escort. Bear responsibility for losses arising from delayed, inaccurate, or invalid information, documents, and instructions provided.

4. Organize escorts for types and groups of hazardous goods that must have an escort according to the regulations of the agencies specified in Article 26 of this Decree. The escort of hazardous goods shall be responsible for continuously guiding and supervising the loading and unloading of hazardous goods on the vehicle; working together with the train captain and related personnel to manage the goods and promptly handle incidents occurring during transportation.

Article 34. Responsibilities of Hazardous Goods Transportation Enterprises

In addition to complying with the provisions of the Railway Law and related regulations in this Decree, dangerous goods transportation enterprises shall also have the following responsibilities:

1. Only proceed with transportation if there is a permit for dangerous goods and the dangerous goods are adequately documented, properly packaged, and labeled in accordance with the regulations.

2. Inspect dangerous goods to ensure safe transportation as prescribed.

3. Implement instructions recorded in the notification from the transportation lessee and those recorded in the permit for dangerous goods.

4. Direct persons directly involved in dangerous goods transportation to comply with railway dangerous goods transportation regulations.

5. Purchase insurance as required by law.

Article 35. Responsibilities of Local People's Committees When Incidents Occur During Hazardous Goods Transportation

Upon receiving notification of an incident occurring during hazardous goods transportation on railways, the nearest local People's Committee shall be responsible for mobilizing forces to promptly carry out the following tasks:

1. Rescue people, means of transport, and dangerous goods.

2. Remove victims (if any) from the incident area and organize first aid for victims.

3. Establishing a quarantine zone, evacuating residents from contaminated areas, and simultaneously reporting to higher-level People's Committees to mobilize firefighting, chemical defense, epidemic prevention, and environmental protection forces to promptly handle the incident and mitigate its consequences.

4. Organize and deploy forces to protect the scene, protect dangerous goods, and means of transport to continue transportation and assist in investigative and aftermath resolution work.

Article 36. Authority to Issue Permits for Hazardous Goods

Clause 1. Based on the level of danger of types, groups, and names of goods listed in the Hazardous Goods Catalogue attached as Appendix I to this Decree, the agencies specified in Clause 2 of this Article shall be responsible for specifying the types, groups, and names of hazardous goods that require a permit for transportation by the person hiring hazardous goods transportation when transporting on railroads.

2. The authority to issue permits for dangerous goods during transportation on railways is stipulated as follows:

Point a. The Ministry of Public Security shall specify the issuance of permits for hazardous goods for goods belonging to types 1, 2, 3, 4, and 9 as stipulated in Clause 1 of Article 23 of this Decree;

Point b. The Ministry of Science and Technology shall specify the issuance of permits for hazardous goods for goods belonging to types 5, 7, and 8 as stipulated in Clause 1 of Article 23 of this Decree;

c) The Ministry of Health shall specify the issuance of permits for dangerous goods for toxic chemicals used in the medical field and insecticides, bactericides used in household applications;

d) The Ministry of Agriculture and Rural Development shall specify the issuance of permits for dangerous goods for plant protection chemicals;

Point d. The Ministry of Natural Resources and Environment shall specify the issuance of permits for hazardous goods for the remaining types, groups, and names of hazardous goods.

Article 37. Permit for Hazardous Goods

Clause 1. The permit for hazardous goods shall be issued by the competent agencies specified in Clause 2 of Article 36 of this Decree to the person hiring hazardous goods transportation.

2. The main contents of the permit for dangerous goods include:

a) Name and address of the person hiring the transportation of dangerous goods;

b) Name, group, type, and quantity of dangerous goods;

c) Names of stations for loading and unloading dangerous goods;

d) Schedule and time of transportation of dangerous goods;

đ) Special hazardous characteristics of dangerous goods (if any).

Clause 3. The agencies specified in Clause 2 of Article 36 of this Decree shall specify the dossier, procedures, formalities, time limit for issuing, and management and issuance of permits for hazardous goods. The form of the permit for hazardous goods must contain all contents as stipulated in Clause 2 of this Article.

4. The permit for dangerous goods shall be issued for each consignment.

Article 38. Registration of Hazardous Goods Transport Wagons and Loading and Unloading Stations

Enterprises implementing hazardous goods transportation on railroads must register wagons meeting the standards for transporting hazardous goods, loading and unloading stations with the agencies specified in Clause 2 of Article 36 of this Decree and comply with such registration.

Chapter VI

RESPONSIBILITIES OF MINISTRIES, SECTORS AND PROVINCTION PEOPLE'S COMMITTEES

FOR ENSURING ORDER AND SAFETY IN RAILWAY TRANSPORTATION

Article 39. Responsibilities of the Ministry of Transport

Clause 1. Issuing standards, procedures, regulations, rules, and economic and technical norms in the field of railway transportation within its authority to ensure safe, smooth, and convenient passenger and cargo transportation.

Clause 2. Specifying conditions and standards for design institutions, new construction, repair, inspection of equipment and means of railway transportation; specifying and organizing the registration and inspection of means of railway transportation.

3. Specifying the content, curriculum, and conditions for training institutions for railway staff directly serving train operations; managing training and issuing train driver licenses.

Clause 4. Organizing and directing the operation of the railway inspection system; imposing administrative penalties within its authority against acts violating administrative regulations concerning the safety of works and order and safety in railway transportation.

Clause 5. Cooperating with local People's Committees and relevant ministries and sectors to publicize, disseminate, and guide laws on railways and ensuring order and safety in railway transportation; resolving and mitigating consequences of railway traffic accidents.

6. Cooperating with the Ministry of Public Security to monitor, analyze causes of serious and particularly serious railway traffic accidents, and propose effective measures to reduce railway traffic accidents.

Article 40. Responsibilities of the Ministry of Public Security

Clause 1. Organizing and directing work to ensure security, order, and safety in railway transportation.

Clause 2. Inspecting, supervising, and penalizing violations concerning security, order, and safety in railway transportation.

Clause 3. Taking the lead in investigating and penalizing railway traffic accidents; statistics, monitoring, analyzing, and concluding causes of railway traffic accidents; providing data on railway traffic accidents.

Clause 4. Leading and coordinating with the Ministry of Transport to prescribe and recommend measures to prevent and mitigate causes of railway traffic accidents to relevant ministries, sectors, and provincial people's committees.

Clause 5. Directing the Highway Police Corps - Railway Traffic Police, local police forces to cooperate with the railway sector to ensure security, order, and safety in railway transportation for trains carrying high-level Party and State leaders, international delegations, and special cargo trains.

Article 41. Responsibilities of the Ministry of Finance

1. Ensuring funding for the management and maintenance of national railway infrastructure constructed by the State.

2. Ensure funding for railway transport traffic safety and order work at the level approved by the Prime Minister based on the proposal of the Ministry of Transport and the Ministry of Public Security.

Article 42. Responsibilities of the Ministry of National Defense

Direct military agencies at all levels to cooperate with the railway sector and public security forces to ensure railway transport traffic safety and order; strictly comply with regulations on railway transport traffic safety and order in the transportation of troops, vehicles, and equipment by rail.

Article 43. Responsibilities of the Ministry of Culture and Information

1. Developing plans to regularly and widely disseminate laws related to railways to the entire population.

2. Direct cultural information agencies, central and local press to regularly promote and disseminate laws related to railways, encouraging citizens to strictly comply with laws on railway transport traffic safety and order.

3. Guide the issuance of advertising permits without affecting railway transport traffic safety and order.

Article 44. Responsibilities of the Ministry of Education and Training

Take the lead and coordinate with the Ministry of Transport and the Ministry of Public Security to select necessary contents on ensuring railway transport traffic safety and order to educate students and trainees in accordance with their field of study and educational level.

Article 45. Responsibilities of Provincial People's Committees

1. Direct and organize the implementation of propaganda and dissemination of laws on railway transport traffic safety and order; take all necessary measures to establish discipline in railway transport traffic safety and order; assign the People's Committee of districts and communes where railway projects are located to be responsible for protecting railway projects in their locality.

2. Having plans and organizing guidance for the removal of unauthorized construction within the scope of land allocated for railways.

3. Directing People's Committees at lower levels where railways have been damaged due to traffic accidents or natural disasters to cooperate with the railway sector to promptly address consequences and restore railway traffic.

Article 46. Responsibilities of mass media agencies

Central and local mass media agencies have plans, programs, and special sections to promote and disseminate laws on railway transport traffic safety and order.

Article 47. Planning for new construction or renovation of projects affecting the safety of railway projects

Ministries, ministerial-level agencies, government agencies, and provincial People's Committees when planning for new construction or renovation of projects affecting the safety of railway projects must obtain written agreement from the Ministry of Transport.

Chapter VII

IMPLEMENTING PROVISIONS

Article 48. Determining timeframes and principles for handling existing projects within land allocated for railways

1. Determination of time limits:

a) Projects existing within land allocated for railways before September 1, 1996, shall be resolved according to the provisions of Decree No. 120/CP dated August 12, 1963 issued by the Council of Ministers on the Regulations stipulating the scope, limits of railways, and railway transport traffic safety and order;

b) Projects existing within land allocated for railways from September 1, 1996 to December 31, 2005, shall be resolved according to the provisions of Decree No. 39/CP dated July 5, 1996 of the Government on ensuring railway transport traffic safety and order;

c) Projects existing within land allocated for railways from January 1, 2006 onwards, shall be resolved according to the provisions of the Railway Law.

2. Principles for resolution:

a) Immediately dismantle projects that pose a threat to the safety of railway structures and railway transport traffic safety;

b) For projects that are not directly affecting the safety of railway structures and railway transport traffic safety, they may temporarily maintain their current status but the project owner must commit to the local authority and railway infrastructure business not to expand or develop the project and to dismantle it immediately upon request by the competent state management agency;

c) Compensation and support for owners of works being removed shall be carried out in accordance with the provisions of the law.

Article 49. Effective Date

This Decree takes effect 15 days after its publication in the Official Gazette, replacing Decree No. 39/CP dated July 5, 1996 of the Government on ensuring railway transport traffic safety and order, which has been amended and supplemented by Decree No. 76/1998/NĐ-CP dated September 26, 1998 of the Government (except Chapter VI of Decree No. 39/CP dated July 5, 1996, which will be replaced by another document issued by the Government).

Article 50. Responsibility for Implementation

Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees directly under the Central Government shall be responsible for implementing this Decree.