Decision No. 12/2005/QD-BGTVT Issuing the Traffic Regulations for Railway Crossings

Pursuant to …;

Issuing the Rules on Level Crossings

Pursuant to Decree No. 34/2003/NĐ-CP dated April 4, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Transport;

Pursuant to Decree No. 39/CP dated July 5, 1996 of the Government on ensuring traffic safety and order for railways;

At the proposal of the Director of the Vietnam Railway Administration and the Head of the Legal Department,

Pursuant to …;:

Article 1:  The Rules on Level Crossings are hereby promulgated together with this Decision.

Article 2: This Decision shall take effect 15 days from the date of publication in the Official Gazette and shall replace Decision No. 737/2001/QĐ-BGTVT dated March 19, 2001 of the Minister of Transport issuing the Rules on Level Crossings.

Article 3: The Heads of the Office, Inspectorate, Departments, Directors of the Vietnam Railway Administration, Director of the Vietnam Highway Administration, Director of the Inspection and Quality Control Department for Transportation Works, Chairmen of the Board of Management and General Directors of the Vietnam Railway Corporation, Directors of Provincial Transport Departments, Departments of Transport and Construction, and related organizations and individuals are responsible for implementing this Decision.

 

 

CHARTER

Level Crossing

(Annexed to Decision No. 12/2005/QĐ-BGTVT dated January 19, 2005

 of the Minister of Transport)

Chapter I

GENERAL PROVISIONS

Article 1.

1. The level crossing referred to in these Rules is a place where railway and road intersect at the same plane, constructed and permitted for operation by competent authorities to ensure traffic safety.

2. The main railway referred to in these Rules is:

a) For 1000 mm gauge railway, it is the principal railway (See Appendix X).

b) For 1435 mm gauge railway, it is Class I and II railways (See Appendix XI).

3. These Rules shall not apply to:

a) Common bridge surface (railway and road on the same bridge);

b) Places where railway intersects with road within the premises of stations, ports, cargo yards, factories, and enterprises.

Article 2. Scope of Level Crossing including:

1. The section of road passing through the railway between two barriers or between the outermost rails and both sides of the railway extending 6 meters outward from the outer rail where there are no barriers.

2. The section of railway between the shoulders of the road at the intersection point (Appendix 1).

Article 3. Types of Level Crossing According to Usage Period as follows:

1. Long-term level crossing;

2. Level crossing with a limited period of use;

3. Permanently closed level crossing.

Article 4. Types of Level Crossing According to Safety Measures as follows:

1. Level crossing with a guard and barrier or boom, with road signals, electric bells, or without railway signals;

2. Unattended level crossing includes:

a) Automatic boom, with road signals, electric bells, without railway signals;

b) Without boom, with automatic warning signals, with road signals, electric bells, without railway signals;

c) With signposts, posts or fences, with road markings.

Article 5. Classification of Level Crossing According to Managing Authority:

1. Level crossings managed by the Vietnam Railway Authority include:

a) Public level crossing is where national railway or dedicated railway under the Railway Sector intersects with roads (National highways, provincial roads, district roads, commune roads);

b) Internal level crossing is where main railway or dedicated railway under the Railway Sector intersects with dedicated roads.

2. Level crossings managed by the Vietnam Highway Authority: dedicated level crossing is where non-Railway Sector dedicated railway intersects with roads (National highways, provincial roads, district roads, commune roads).

Article 6. Level crossings are classified into specific levels as follows:

1. Level crossing level I is a level crossing where the main railway intersects with road level I, II, or III;

2. Level crossing level II is a level crossing where the main railway intersects with road level IV or V;

3. Level crossing level III is any remaining level crossing not covered under the provisions of Clause 1 and Clause 2 of this Article;

4. Level crossings located within city centers or urban areas (cities, towns, townships) shall be classified according to the corresponding level as decided by the Minister of Transport.

Article 7. Protection of level crossings is regulated as follows:

1. For level crossings at level I and II: protection must be organized in accordance with the provisions of Clause 1, Point a, and Point b of Clause 2, Article 4 of this Regulation;

2. For level crossings at level III: protection must be organized in accordance with Point c of Clause 2, Article 4 of this Regulation;

3. Based on the provisions of Clause 1 and Clause 2 of Article 4 of this Regulation, the Director of the Vietnam Railway Administration decides on the organization of protection for national railway level crossings and internal level crossings. Units managing level crossings must comply with the decision on the organization of level crossing protection made by the Director of the Vietnam Railway Administration. The competent road management authority (Director of the Vietnam Highway Administration, Director of the Department of Transportation, Department of Public Works) decides on the organization of protection for dedicated level crossings.

Article 8.

The level crossing signaling system is a state asset, a means of ensuring traffic safety and preventing accidents. Everyone has the responsibility to protect signals at level crossings; no one may move, seize, damage, or reduce the effectiveness and function of signals at level crossings without authorization.

Article 9.

Annually, railway management agencies and road management agencies coordinate to inspect and develop plans for repairing level crossings.

Level crossings under the management of Vietnam Railways (public level crossings, internal level crossings) are primarily inspected by railway management agencies, with participation from road management agencies.

Dedicated level crossings are primarily inspected by road management agencies, with cooperation from dedicated railway management agencies.

Article 10.

Railway inspectors and road inspectors are responsible for inspecting and supervising compliance with laws regarding the protection of transportation infrastructure and traffic safety at level crossings.

Chapter II

SCOPE OF VIEW, POSITION, ANGLE OF INTERSECTION

Article 11.

The minimum field of view for the driver of a road vehicle and the operator of a rail vehicle must ensure the following:

1. In normal weather conditions, the driver of a road vehicle must be able to see the train approaching the level crossing from a distance of at least 400 meters when they are at a distance equal to the braking sight distance for that level of road (Point 8.3.3 Appendix I);

2. In normal weather conditions, the operator of a rail vehicle must be able to see the level crossing from a distance of at least 1000 meters from their position (Figure 6, Point 8.3.3 Appendix I).

Article 12. The location of level crossings must satisfy the following conditions:

1. Located on a straight section of railway track. In exceptional cases, if a level crossing must be placed on a curved section of track, the radius of curvature must be at least 300 meters;

2. Located at least 100 meters away from the entrance to a railway tunnel or bridge abutment;

3. Located outside the signal entering the station; in difficult circumstances, it may be permitted to place the level crossing at least 50 meters from the station signal post and at least 12 meters from other signs (including those on platforms). In exceptional cases, it is allowed to place the level crossing at least 25 meters from the station signal post for stations designed for yielding to trains;

4. Prohibited from being placed in sections of railway track with reduced speed or over railway signs.

Article 13.

The angle of intersection between the railway and the road must be a right angle (90 degrees); in difficult terrain, the angle of intersection must not be less than 45 degrees.⁰); in cases where the terrain is difficult, the intersection angle must not be less than 45 degrees.⁰.

Chapter III

LEVEL CROSSING STRUCTURES AND ARCHITECTURE

Article 14. The road section at level crossings, in addition to complying with the technical standards corresponding to the class of the road, must also comply with the following specific provisions: as follows:

1. The road from the outermost rail edge outward must be straight for a distance equal to the prescribed sight distance under Article 11 of this Regulation; in cases of difficult terrain, it shall not be less than 15 meters;

2. The width of the vehicle lane on the road at level crossings must be equal to the width of the vehicle lane on the road and shall not be less than 6 meters. In cases where the width of the vehicle lane on the road is less than 6 meters, the road section through the level crossing must be widened so that the road surface is not less than 6 meters wide over a length of 50 meters measured from the centerline of the railway track in both directions.

On first-class and second-class level crossings and level crossings within urban areas, there must be a dedicated pedestrian path within the scope of the level crossing;

3. From the outermost rail edge outward, the road must be flat for a distance of 10 meters. Following that section, there must be another section at least 20 meters long, with a slope not exceeding 3%; in mountainous areas and difficult terrain, the slope shall not exceed 6%;

4. Level crossings must have a complete drainage system that does not affect the drainage of the railway and road areas;

5. Special cases must be reviewed and decided by the Director of the Vietnam Railway Administration.

Article 15. The paving surface of the road within the scope of the level crossing is specified as follows: as follows:

1. The paving surface between the two outermost main rails and extending outward from each side of the outermost rail beyond the "Speed Reduction Mark" by at least 1.0 meter must be constructed with asphalt concrete or laid with reinforced concrete grid panels; in cases of difficulty, when the road is of lower grade and vehicle speed is slow, it may extend outward from the "Stop Mark" by at least 1.0 meter using asphalt concrete or reinforced concrete grid panels. When using reinforced concrete grid panels inside the railway track (between the two main rails), they must extend outward from the outermost rail edge by at least 1.0 meter;

2. The height of the paving surface within the railway track must be equal to the height of the rail head and may be up to 10 millimeters higher than the rail head;

3. The height of the paving surface adjacent to the outside of the main rail must be equal to the height of the rail head and may be up to 5 millimeters lower than the rail head;

4. The paving surface must be stable. Reinforced concrete panels must be securely connected.

Article 16. The railway section within the scope of the level crossing must meet the following requirements: as follows:

1. Technical requirements:

a) Along the inner edge of the main rail on straight sections or curves with a radius of 500 meters or more, there must be a rail gap of 75 millimeters; on curves with a radius less than 500 meters, the rail gap must be 75 millimeters plus half the curve gauge;

b) The depth of the rail gap must be at least 45 millimeters;

c) The length of the section with the rail gap must be at least equal to the width between the two shoulders of the road;

d) Rail spacers placed vertically or special reinforced concrete panels can be used to create the rail gap. When using vertical rail spacers, they must be spaced apart by no more than 1.5 meters and secured with full-length bolts to connect the rail spacers to the main rail;

Both ends of the rail gap must be widened inward toward the center of the railway track to a width of 250 millimeters at the end of the rail gap, starting the widening 500 millimeters from the end of the rail gap;

e) Rail joints must not be placed within the scope of the level crossing. If the level crossing is long, the rail joints must be welded together; if welding is not possible, the rails must be pushed together to fuse the joint;

f) All rail fasteners within the scope of the level crossing must be complete and securely connected.

2. Material requirements:

a) Sleepers placed within the scope of the level crossing must be concrete sleepers or steel sleepers, with wooden sleepers being limited. If wooden sleepers are used, they must be of good quality and treated with oil to prevent decay;

b) The ballast bed at the level crossing must be clean crushed stone, with a thickness meeting the prescribed standard.

Article 17. A guard house may only be constructed when there is a decision from the competent authority granting permission for the level crossing and it must satisfy the following conditions: as follows:

1. There must be a guard at the level crossing;

2. It must be located where it can be observed from both sides of the road and railway, facilitating the work of the level crossing guard, without obstructing the view of traffic participants on the railway and road;

3. The nearest part of the level crossing guard house must be at least 3.5 meters away from the outer rail and the edge of the running surface, and not more than 10 meters away. The entrance door must open towards the road, with windows installed in the walls to clearly see the road and railway; the floor of the guard house must be higher than or equal to the rail surface; the working area within the guard house must be 8 square meters², in addition, there must be a toilet, clean water, and lighting; if the working area exceeds 8 square meters² , it must be approved by the Competent Authority.

Chapter IV

SIGNALING AT LEVEL CROSSINGS

PART 1

 LEVEL CROSSING WITH SUFFICIENT VISIBILITY

Article 18.

Along both sides of the approach roads leading to the level crossing, warning posts must be planted according to the current Road Traffic Sign Regulations (Appendix II).

The closest warning post to the railway must be 2.5 meters from the outer rail, and the length of each row of warning posts measured from the outer rail must be at least 20 meters.

At level crossings where protective measures are organized, the warning posts from the road barrier to the railway must be replaced with fixed barriers, with horizontal bars placed across the entire length of the barrier.

Article 19.

On the approach road leading to the level crossing, there must be painted signal marking number 1.12 "Stop" and sign number 122 "Stop".

The position of the painted signal marking number 1.12 "Stop" must be 3 meters from the road barrier or 5 meters from the outer rail where there is no barrier; the specifications of this marking must comply with the current Road Traffic Sign Regulations 22TCN-237-01 (Appendix 8, marking number 1.12).

For roads with asphalt concrete or cement concrete surfaces, there must be signal markings on the road surface according to the current Road Traffic Sign Regulations.

Article 20. Adequate warning signs must be placed on both sides of the approach roads leading to the level crossing according to the current Road Traffic Sign Regulations::

1. Before level crossings with guards:

a) With road signals:

- Sign number 210: "Intersection with railway with barrier" (Appendix 4);

- Sign number 242(a,b): "Railway crossing road" (Appendix 7);

- Railway road signal post and bell;

At this level crossing, sign number 242(a,b) is mounted on the railway signal post and bell. Sign number 242(a,b) is above, and the signal light is below. Specifications follow Appendix III.

b) Without road signals, electric bells:

- Sign number 210: "Intersection with railway with barrier" (Appendix 4);

- Sign number 242(a,b): "Railway crossing road" (Appendix 7);

2. Before automatic warning level crossings:

- Sign number 211: "Intersection with railway without barrier" (Appendix 4);

- Sign number 242(a,b): "Railway crossing road" with automatic warning;

- Automatic warning level crossing signal post and bell issued by the Railways Department;

 At this level crossing, sign number 242(a,b) is mounted on the railway signal post and bell. Sign number 242(a,b) is above, and the signal light is below. Specifications follow Appendix III;

3. Before unmanned level crossings:

-  Sign number 211: "Intersection with railway without barrier" (Appendix 4);

- Sign number 242(a,b): "Railway crossing road" (Appendix 7), placed on the road 10 meters from the outer rail of the railway;

Article 21. A level crossing with protective measures must be equipped with warning lights and electric bells on the road.

Warning lights and electric bells on the road (except for cases where roads intersect with parallel railway tracks) must be placed before the barrier (or directly attached to the barrier post) or at least 6 meters away from the outer rail.

Article 22. The warning lights and electric bells on the road as stipulated in Article 21 of this Regulation must meet the following requirements: as follows:

1. The warning light must have two red lights placed horizontally, these lights must alternate flashing when turned on. When a train approaches the level crossing, the warning light turns on, prohibiting passage through the level crossing. Once the train has passed the level crossing and the barrier is fully open, the warning light turns off, allowing normal traffic on the road.

The time the warning light turns on must ensure that it is at least:

a) 60 seconds when using automatic warning lights and automatic barriers;

b) 90 seconds when using automatic warning lights and non-automatic barriers;

c) 120 seconds when using non-automatic warning lights (electric or oil-powered).

At first-class and second-class level crossings, electric warning lights must be used. The intensity of the light must comply with the regulations for road signal lights.

2. The electric bell must be installed on the same pole as the warning light; when the bell rings, its volume must be sufficient for pedestrians to hear from a distance of 15 meters. The bell rings when a train approaches the level crossing. The bell stops ringing once the barrier is fully closed.

Article 23.

1. The brightness and angle of emission of the warning light must ensure that the driver of a road vehicle can see the signal from a distance of at least 100 meters.

2. The red light of the warning light must not shine towards the railway track.

The layout of the warning light on the road is shown in Appendix III.

"d) Within no more than one working day from the date of receiving the dossier submitted for administrative procedures by the specialized agency assigned by the Provincial People's Committee, the Chairman of the Provincial People's Committee shall issue a notification of the result of the inspection of plant-based food exports or a certificate at the request of the importing country.".

On both sides of the railway approaching the level crossing, signs "Sound Horn" must be placed. The position and specifications of the signs are regulated in the Vietnam Railway Signal Procedures.

Article 25.

On both sides of the railway approaching the level crossing with a guard, when it is necessary to set up blocking signals, the Director of the Vietnam Railway Administration decides, except for the following level crossings:

1. Level crossings where the road barrier is usually closed or has an automatic lever or automatic warning signal;

2. Level crossings within the protection range of the station entry, exit signals, or holding yard, through signals on the railway equipped with automatic closure devices or other protective signals, when these signals are less than 800 meters from the level crossing.

Article 26.

1. Blocking signals on the railway must be placed between 100 meters and 500 meters from the level crossing (measured from the shoulder of the road on the same side).

In areas with multiple guarded level crossings located close together and the distance between two level crossings is less than 500 meters without being able to improve according to Article 51 of this Regulation, blocking signals on the railway should be arranged at both ends of the common area for those level crossings.

2. Blocking signals must be placed on the left side facing the direction of the train entering the level crossing. In special difficult cases, if permitted by the Director of the Vietnam Railway Administration, they may be placed on the right side facing the direction of the train entering the level crossing.

3. The visibility of the blocking signal on the railway must be at least 800 meters. In difficult terrain conditions, the visibility of the blocking signal must not be less than 400 meters.

Article 27.

1. The blocking signal on the railway is a red signal, turning on indicates that the train must stop.

2. When the blocking signal is off, trains operate normally. If there is an obstacle on the level crossing affecting train safety, the crossing guard will turn on this signal.

3. For level crossings with guards located in sections equipped with automatic closure devices, regardless of whether there is a blocking signal on the railway or not, equipment must be installed to switch the nearest closure device to the closed state so that the guard can act promptly when there is an obstacle on the level crossing affecting train operation.

Article 28.

Inside the level crossing guard house, communication and signaling devices such as telephones or automatic notification devices must be provided to inform the guard when a train approaches the level crossing.

Article 29.

Level crossings with guards located in areas with national grid electricity must be equipped with lighting during the day and night when there is fog. The light must be bright enough for the drivers of both railway and road vehicles to clearly see the signals of the guard.

Article 30..

Signal and protective equipment for level crossings with guards powered by electricity must be centrally controlled from the level crossing guard house. These devices must always be in good working condition and operable manually if the automatic equipment fails suddenly.

In cases where centralized control cannot be implemented, permission from the Director of the Vietnam Railway Administration is required.

Article 31.

Level crossings with guards must have barriers at both ends of the road leading to the level crossing. The crossbar must be placed 6 meters away from the outer rail. In restricted terrain conditions, the crossbar must not violate the architectural clearance limit of the railway.

The crossbar can be made round or suspended with metal plates or metal mesh.

All crossbars (except automatic ones) must have a locking mechanism to prevent them from moving freely.

Article 32.

At level crossings with guards, once the barrier is closed, the crossbar must completely block the road surface, tightly adjacent to the fixed fence, and must be at least 1 meter to 1.2 meters above the road surface.

The barrier must start closing from the right side of the road (facing the direction of approach to the level crossing) towards the left. For level crossings with multiple barriers, the right-side barrier must close first, followed by the left-side barrier until the farthest left barrier closes.

When the barrier opens, no part of the barrier must obstruct the clear airspace over the road.

It is prohibited to leave the barrier frame or lever in a suspended position.

Article 33.

Barriers at level crossings with guards come in two types: lever barriers and frame barriers. The specifications and technical standards of lever barriers and frame barriers are defined according to the diagrams in Appendix IV.

Article 34.

Level I and Level II crossings with protective facilities must be equipped with automatic barriers or automatic warning signals. When there are no automatic barriers or automatic warning signals, personnel must be stationed.

Article 35.

1. Both sides of the road leading to the crossing must be completely closed before the train reaches the crossing at least:

a) 40 seconds for automatic barriers;

b) 60 seconds for electric barriers and winches;

c) 90 seconds for manual barriers.

2. The barriers shall not be closed more than 3 minutes prior to Level I and Level II crossings and more than 5 minutes prior to Level III crossings before the train reaches the crossing (except for crossings with specific regulations set by the Ministry of Transport).

Article 36. Automatic barrier mechanisms and equipment must ensure operation in the following sequence: as follows:

1. When the train approaches the crossing, the red signal lights on the road and on the automatic barrier beam will turn on, and the automatic warning bell will sound. After 7-8 seconds, the barrier begins to close. Once the barrier is fully closed, the automatic warning bell turns off;

2. When the train passes through the crossing, the automatic barrier opens. Once the barrier is fully open, the lights on the barrier beam and the road signal lights automatically turn off.

For crossings equipped with automatic barriers without personnel stationed, only half or two-thirds of the road width should be covered by the barrier. The remaining part of the road without a barrier must be at least 3 meters wide and located on the left side of the vehicle entering the crossing.

PART 2

CROSSINGS WITH INSUFFICIENT VISIBILITY

Article 37.

1. Where the road runs parallel to the railway and has a branch leading to the railway, if the distance from the branch point to the outer rail of the railway on the same side is less than 10 meters,立体交叉或设置绕行道路以延长分支路段，以便安装标志、标柱和标线。

2. The placement of signs on the road section mentioned in this Article is regulated as follows:

a) When the length of the road section is less than 10 meters: place two auxiliary signs "railway crossing" and install traffic lights, electric bells perpendicular to the direction of vehicular traffic on the parallel road. The specifications of the signs follow Article 20 of these Regulations.

The sign location is at the edge of the road, where the road edge intersects with the railway and the parallel road.

b) When the length of the road section is between 10 and 50 meters: only place one auxiliary sign "railway crossing" (sign number 242a or 242b) and install traffic lights and bells on the road (for manned crossings and automatic warning crossings);

c) When the length of the road section exceeds 50 meters: place traffic signs according to the provisions of Article 20 of these Regulations.

3. The road sign must be placed perpendicular to the direction of vehicles entering the crossing and within the range of the branch road leading to the railway.

Article 38.

At intersections where a branch road leads to a crossing with protective facilities, when the distance from the intersection to the crossing is less than 50 meters, the road management authority must:

1. Install traffic lights at the intersection if there are no traffic lights at the intersection to inform road users approaching the crossing to stop at the intersection when the road barrier at the crossing ahead is closed;

If there are traffic lights at the intersection, they must display signals consistent with the traffic lights installed on the road leading to the crossing.

2. Traffic lights on the parallel road must display signals consistent with railway signals (when the road enters the crossing to allow trains to pass; the parallel road must remain clear).

Article 39.

For a road that simultaneously intersects both a railway and another road running parallel to the railway, the placement of traffic signs for entering a level crossing shall be regulated as follows:

1. For the section of the road entering the level crossing which intersects with another road before intersecting the railway, it shall be implemented according to the provisions of Article 37 of this Regulation.

2. For the section of the road entering the level crossing that does not intersect with another road, it shall be carried out in accordance with the provisions of Article 20 of this Regulation.

Chapter V

PROVISIONS ON TRAFFIC AT LEVEL CROSSINGS

Article 40. When passing through a level crossing, vehicles and pedestrians participating in road traffic must comply with the following regulations: as follows:

1. Priority must be given to vehicles operating on the railway.

2. They must follow the instructions of the level crossing guard or the level crossing warning signals:

a) The hand signal of the level crossing guard, red flag, red sign, red light;

b) The barrier blocking the road;

c) Light signals and bell sounds.

3. When there is a stop signal (hand signal of the level crossing guard, red flag, red sign, red light, bell sound, barrier closed), pedestrians and all vehicles participating in road traffic (including those with priority rights) must stop on the right side of their respective lanes at least 3 meters away from the stop signal (before the "stop line" specified in Article 19 of this Regulation).

4. It is strictly prohibited for unauthorized persons to open the level crossing barrier when it is closed.

5. For level crossings mentioned in point c, Clause 2, Article 4 of this Regulation (only have warning signs, markers, or fences, with lane markings), pedestrians and drivers of vehicles participating in road traffic approaching a level crossing must pay attention to the warning signs, listen to the train horn, observe the railway tracks from a distance on both sides of the level crossing. If they see a train or railway vehicle approaching the level crossing, they must stop at least 5 meters away from the outermost rail and bear full responsibility if an accident occurs.

Article 41. Within the scope of a level crossing, turning around and parking vehicles are prohibited.:

When it is necessary to park near a level crossing, the driver of the road traffic vehicle must comply with the traffic signs. In places without such signs, the vehicle must be parked at least 10 meters away from the barrier where there is a barrier, or at least 20 meters away from the outermost rail where there is no barrier, but must not obstruct the view of other people and vehicles observing the level crossing warning system.

Article 42.

Track-laying vehicles, various types of steel-wheeled rollers, and special cargo transport vehicles carrying oversized, overweight, or over-dimensional goods must report in advance to the level crossing guard to arrange and guide them through the level crossing. Where there is no level crossing guard, they must report in advance to the direct management unit of the railway section to assign personnel to protect and guide them through the level crossing.

Article 43.

When a road traffic vehicle breaks down, has an accident, or its cargo falls off at a level crossing without a level crossing guard, and the nearest point of the vehicle or cargo is less than 1.7 meters from the outermost rail, the driver of the road traffic vehicle must take measures to notify the train to stop before the obstacle (Annex V).

Article 44.

Unmanned convoys and livestock passing through a level crossing must be divided into small groups according to current laws on road traffic. For livestock passing through a level crossing, the person leading the livestock must guide them.

Article 45.

Unauthorized persons are prohibited from climbing, moving, or touching level crossing signals and equipment; entering the level crossing guard house.

Article 46.

As they approach a level crossing, the driver of the railway vehicle must sound the horn, pay attention to the stop signal, the level crossing warning signal (if present), and observe the level crossing to quickly brake the train upon seeing a stop signal or an obstruction on the level crossing.

Article 47.

1. When maintaining or repairing the railway necessitates parking trains on a level crossing affecting road traffic, permission from the railway infrastructure management authority (Vietnam Railway Corporation) and written agreement by the Director of the Vietnam Road Administration are required.

2. In cases where it is necessary to park, stop trains on a level crossing; consolidate or break up trains, the responsible person must take every measure to ensure rapid clearance of the road.

3. When it is necessary to park a train on a level crossing, the parking time must not exceed 3 minutes on Class I and Class II level crossings, and must not exceed 5 minutes on Class III level crossings (except for level crossings with specific regulations set by the Ministry of Transport).

3. When trains must stop at a crossing on a first-class or second-class crossing, the stopping time shall not exceed three minutes, and on a third-class crossing, it shall not exceed five minutes (except for crossings with specific regulations set by the Ministry of Transport).

Chapter VI

ORGANIZATION OF CROSSING PROTECTION

Article 48. At level crossings equipped with guards, there must be:

1. Adequate equipment and devices as prescribed;

2. Continuous presence day and night according to shift schedules.

Article 49.

1. The General Director of Vietnam Railway Corporation shall be responsible for organizing management and protection of level crossings within the jurisdiction of Vietnam Railways;

2. The Director of the Vietnam Highway Administration, the Director of the Department of Transport, the Director of the Department of Public Works, and the head of organizations having dedicated level crossings shall be responsible for organizing management and protection of such dedicated level crossings;

3. The Director of the Vietnam Railway Administration shall provide specific guidance on organizing protection of level crossings.

Chapter VII

MANAGEMENT AND CONSTRUCTION OF LEVEL CROSSINGS

Article 50.

1. Construction of new residential areas, industrial zones, entertainment facilities, schools, commercial centers, hospitals, and other projects must comply with the provisions set forth in Articles 28 and 29 of Decree No. 39/CP dated July 5, 1996 of the Government on ensuring traffic safety on railways;

2. If construction works mentioned in Clause 1 of this Article require the establishment of a level crossing over railway tracks, the distance from the nearest point of the project to the centerline of the railway track must be at least 25 meters, and a written agreement with the Vietnam Railway Administration must be obtained during the project planning stage.

Article 51.

1. For new or upgraded intersections between main railway lines and highways of Class I, II, and III, overpasses or underpasses must be constructed. Existing level crossings should gradually be replaced with overpasses or underpasses;

2. In urban areas, towns, and densely populated market towns, if the distance between two level crossings is less than 500 meters, and elsewhere if the distance is less than 1000 meters, overpasses or underpasses must be constructed;

3. Construction of a level crossing may only commence after a decision to establish it has been made and the design documentation has been approved by the competent authority;

4. New level crossings with special characteristics must be permitted by the Minister of Transport.

Article 52.

The authority to decide on the establishment, abolition, and upgrading of level crossings is as follows:

1. Level crossings of Class I and II shall be decided by the Director of the Vietnam Railway Administration;

2. Level crossings of Class III and internal level crossings shall be decided by the General Director of Vietnam Railway Corporation;

3. Dedicated level crossings shall be decided by the head of the highway administration with appropriate authority (Vietnam Highway Administration, Department of Transport, Department of Public Works).

Article 53.

1. Local authorities where railways pass through shall be responsible for organizing the removal of level crossings without valid establishment decisions as stipulated in Article 52 of these Regulations;

For roads managed by provinces, districts, or communes, when it is necessary to open a level crossing, the People's Committee at the relevant level shall handle the procedures to request the opening of the level crossing. Once approved by the competent authority, they shall implement the regulations accordingly.

2. Railway management units shall take the initiative to propose and coordinate with local authorities to remove illegal level crossings;

3. Local authorities where level crossings exist shall be responsible for leading and coordinating with railways to inspect, identify, and promptly resolve trees and structures affecting the visibility of railway and road vehicles at level crossings.

Article 54.

1. Proposals for establishing, abolishing, or upgrading level crossings must be submitted in the form prescribed in Appendix VI and sent to the competent authority as stipulated in Article 52 of this Charter.

2. After completion, all works and equipment at level crossings must be inspected and handed over to railway management units in accordance with current regulations. The inspection organization must include representatives from the construction unit, railway management unit, and road management unit.

3. Railway management units and road management units have the responsibility to monitor level crossings that are used on a temporary basis and require the using units to dismantle them when their term expires.

Article 55. All organizations proposing to establish level crossings, upgrade, construct underpasses, or build overpasses over railways must comply with investment capital regulations for construction, specifically: as follows:

1. New railways crossing roads shall be undertaken by the railway project sponsor;

2. New national highways crossing railways shall be undertaken by the national highway project sponsor;

3. New provincial, district, and commune roads crossing railways shall be funded by local budgets, other sources, and contributions from the public;

4. Enterprises, companies, etc., constructing new level crossings must resolve funding themselves.

Article 56.

Capital allocated for managing and repairing level crossings, managed by the railway and road sectors, shall be sourced from the state budget. Other dedicated capital for managing and repairing level crossings shall be the responsibility of the managing and using entities;

The competent authority deciding to establish a level crossing must clearly specify the source of capital for managing and repairing that level crossing.

Article 57. The scope of level crossing management is defined as follows: as follows:

1. Railway management includes:

a) Signage, signals, information, and lighting on the railway and on the road within the level crossing area;

b) Guard houses, roadbeds, road surfaces, and fixed fences within the level crossing area;

c) Land within the view range of the level crossing.

2. Road management includes: roadbeds, road surfaces, markers, signage, and lane markings on the approach roads leading up to the level crossing area.

3. Management units must ensure that all assigned works, facilities, and signals remain in operational condition on level crossings.

Article 58.

When repairing a level crossing that affects road traffic, the railway construction unit must reach consensus with the road management authority, ensuring that neither road nor railway traffic is obstructed during repairs. Safety measures must be ensured during repairs, including directing pedestrians and vehicles through the level crossing, setting up warning signs, and using red lights at night; personnel must be arranged to control and guide traffic through the level crossing safely between repair sessions.

In special cases requiring road closure, approval from the competent road management authority is required.

After repairs are completed, the level crossing must undergo inspection and handover according to regulations.

Chapter VIII

IMPLEMENTATION

Article 59.

New level crossings must comply with the provisions of this Charter. Existing level crossings that do not meet the Charter's requirements must be gradually improved and repaired based on available funding.

Under truly exceptional circumstances, if it is necessary to permit the use, construction, improvement, or upgrading of some level crossings that do not fully meet technical standards, such actions must be approved by the Minister of Transport and appropriate safety measures must be implemented to ensure traffic safety.

Article 60.

The Vietnam Railway Administration shall be responsible for guiding and inspecting the implementation of this level crossing regulation, and regularly reporting to the Ministry of Transport.