Decree No. 14/2015/NĐ-CP provides detailed regulations and guidance on implementing certain provisions of the Railway Law.

DECREE

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

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

Pursuant to the Railway Law dated June 14, 2005;

At the proposal of the Minister of Transport,

The Government promulgates this Decree to provide detailed regulations and guidance for implementation of certain provisions of the Railway Law.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree provides detailed regulations and guidance for implementation of certain provisions of the Railway Law concerning railway infrastructure structure; railway business; railway transportation means; list of dangerous goods and railway transport of dangerous goods; urban railways; responsibilities of Ministries, ministerial-level agencies, agencies under the Government, and People's Committees of provinces and centrally governed cities (hereinafter referred to as provincial-level People's Committees) in ensuring railway traffic order and safety.

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.

Chapter II

RAILWAY INFRASTRUCTURE

Article 3. Land allocated for railways

1. Railway infrastructure businesses bear primary responsibility for managing and protecting land allocated for railways; ensuring proper use according to approved purposes and complying with relevant laws on land. The People's Committee of the commune where railway works are located shall be responsible for protecting land within the scope of railway work protection and railway traffic safety corridor; detecting and penalizing violations within the scope of railway work protection and railway traffic safety corridor.

2. Land allocated for railways must be marked with boundary markers. The marking of boundary markers is regulated as follows:

a) For planned land allocated for railways:

The marking of boundary markers shall be conducted by the Ministry of Transport in coordination with the People's Committee of the province where the railway plan is located.

b) For land allocated for railways when upgrading, renovating from existing operational railways or constructing new railways after the Railway Law comes into effect (January 1, 2006), the project investor shall have the following responsibilities:

To take the lead and coordinate with the People's Committee of the district where the railway works are located to develop a plan for marking boundary markers to determine the scope of railway work protection and railway traffic safety corridor, submit it for approval by the People's Committee of the province where the railway works are located. Within three months from the date of approval of the boundary marker marking plan by the provincial-level People's Committee, the project investor must take the lead and coordinate with the district-level People's Committee, commune-level People's Committee where the railway works are located to publicly announce the boundary markers for the scope of railway work protection and railway traffic safety corridor, organize the marking of boundary markers on-site, and hand over the boundary markers to the commune-level People's Committee for management and protection.

c) For land allocated for railways that are currently in operation and existed before the Railway Law came into effect (January 1, 2006), railway infrastructure businesses shall have the following responsibilities:

To take the lead and coordinate with the People's Committee of the district where the railway works are located to develop a plan for marking boundary markers to determine the scope of railway work protection and railway traffic safety corridor, submit it for approval by the People's Committee of the province where the railway works are located. Within three months from the date of approval of the boundary marker marking plan by the provincial-level People's Committee, the railway infrastructure business must take the lead and coordinate with the district-level People's Committee, commune-level People's Committee where the railway works are located to publicly announce the boundary markers for the scope of railway work protection and railway traffic safety corridor, organize the marking of boundary markers on-site, and hand over the boundary markers to the commune-level People's Committee for management and protection.

3. Chairpersons of People's Committees at all levels where railway works are located within their duties and powers shall have the following responsibilities:

a) Detecting, preventing, and promptly handling cases of encroachment, occupation, and illegal use of land allocated for railways; compelling violators to restore the original condition to ensure railway traffic order and safety as prescribed.

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, railway infrastructure businesses in disseminating and popularizing laws on ensuring safety of railway works, railway traffic order and safety; announcing, marking, and transferring boundary markers for the scope of land allocated for railways.

Article 4. Construction of works, exploitation of resources, and other activities in the vicinity of the railway protection zone

1. The minimum safety distance for some works in the vicinity of the railway protection zone shall be as follows:

a) Houses made of flammable materials must be at least five (5) meters away from the railway traffic safety strip boundary;

b) Lime kilns, pottery kilns, brick kilns, iron and steel smelting furnaces, cement kilns, glass furnaces must be placed at least ten (10) meters away from the railway traffic safety strip boundary;

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 ensuring safety distances in accordance with the law on electricity, must also have measures to ensure that they do not interfere with the railway communication and signaling systems and ensure safety when the power lines break;

đ) At the level crossing between railways and roads, where guards are not stationed, construction projects shall not be built within the visual angle range of road and rail traffic controllers;

The Minister of Transport shall specify the visual angle range for each type of level crossing between railways and roads.

2. In cases where construction, resource exploitation, or other activities may affect the safety of railway works or railway traffic safety, the project investors, organizations, or individuals exploiting resources or conducting such activities must immediately inform the railway infrastructure business enterprises and take necessary measures to ensure the safety of railway works and railway traffic safety.

Chapter III

RAILWAY BUSINESS OPERATIONS

Article 5. Principles for organizing railway business operations

1. For national railways invested by the State, the operation of railway infrastructure and railway transportation shall be divided as follows:

a) Regarding railway infrastructure business:

Railway infrastructure is a state-owned asset. Management and exploitation of this asset shall be entrusted to state-owned enterprises.

b) Regarding railway transportation business and supporting railway transportation services:

Enterprises meeting the conditions stipulated by law shall be allowed to participate in railway transportation business and supporting railway transportation service business.

There shall be no discrimination against railway transportation enterprises and supporting railway transportation service enterprises of all economic sectors both domestic and foreign when leasing the use of state-invested national railway infrastructure.

2. For urban rail systems and dedicated rail systems, it is not necessarily required to distinguish between railway infrastructure business and railway transportation business as provided for in Clause 1 of this Article.

3. For works and railway lines invested under the build-operate-transfer (BOT) contract form, public-private partnership (PPP) form, and other forms, management and exploitation shall be carried out in accordance with the provisions of the contract.

Article 6. Leasing of state-invested national railway infrastructure

1. Leasing railway infrastructure for direct train operation:

Organizations and individuals using railway infrastructure for train operation must pay usage fees for railway infrastructure. The fee amount depends on the journey length, train load, and operating route.

2. Leasing railway works not directly related to train operation on state-invested national railways:

a) Railway works such as stations, station squares, warehouses, cargo yards, cable information routes... are leased without being directly related to train operation;

b) Enterprises entrusted with managing and operating railway infrastructure shall establish rental prices, submit them for examination and approval by the Ministry of Transport, and propose the minimum price to the Ministry of Finance. Enterprises entrusted with managing and operating railway infrastructure shall issue specific prices applicable to each type of service.

3. The Ministry of Finance shall promulgate mechanisms for managing and utilizing revenue from leasing national railway infrastructure based on the proposal of the Ministry of Transport.

Article 7. Inspection and supervision of leasing and using railway infrastructure constructed with state investment

1. The Ministry of Transport shall carry out inspection and supervision to ensure transparency and efficiency in the leasing and use of railway infrastructure; organizations and individuals from all economic sectors shall not be discriminated against in leasing railway infrastructure for train operation, transportation support services, or other appropriate purposes.

1. Agencies and organizations primarily responsible for implementing legal support activities for small and medium-sized enterprises have the right to inspect and supervise the implementation of these activities in accordance with the law;

a) The establishment and publication of train schedules;

b) Train dispatching operations;

c) Business activities and leasing of railway infrastructure.

Article 8. Types and 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 9. Conditions for infrastructure railway business

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

1. The conditions stipulated in Clause 2 of Article 8 of this Decree.

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

3. The person responsible for technical management of railway infrastructure must have a university degree and at least three years of experience in operating railway infrastructure.

Article 10. Conditions for railway transport business

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

1. The conditions stipulated in Clause 2 of Article 8 of this Decree.

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

3. Railway transportation means must have valid Registration Certificates and Technical 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 technical management of railway transport operations must have a university degree and at least three years of experience in railway transport operations.

6. For passenger transport and dangerous goods transport by rail, 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 laws.

7. For urban railway transport 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 that ensure safe, regular, and punctual train schedules according to published train schedules.

Article 11. Conditions for cargo loading and unloading business at railway stations and cargo 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 of Article 8 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 12. Conditions for operating warehousing and goods storage at railway stations

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

1. The conditions stipulated in Clause 2 of Article 8 of this Decree.

2. Warehouses and yards meeting the prescribed standards.

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

Article 13. Conditions for operating production, assembly, modification, and restoration of railway transportation equipment

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

1. The conditions stipulated in Clause 2 of Article 8 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 01 (one) technical officer with a bachelor's degree in mechanical engineering related to railway transportation equipment.

Article 14. Content, procedures, and formalities for issuing, amending, supplementing, and revoking business registration certificates for railways

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 15. Detailed regulations on railway transportation

The Minister of Transport shall issue detailed regulations and provide guidance on the transportation of goods, passengers, luggage, and parcels by railway.

Article 16. Construction and publication of load limits, speed limits, 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 limits, speed limits, and train schedules themselves and bear responsibility for accidents occurring according to the law.

Article 17. Support for maintaining train operations in special cases

In cases where maintaining train operations to serve economic and social requirements, defense, and security needs does not cover costs, the Prime Minister shall decide to provide support on a case-by-case basis.

Article 18. Exemption and reduction of ticket prices 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 were engaged 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;

đ) Persons affected by chemical warfare agents during the resistance war;

e) Persons with severe disabilities and persons with very severe disabilities;

g) Children under six years old.

2. Free tickets apply to children under six years old traveling with adults. Children benefiting from free tickets must share seats with accompanying adults. Each adult may accompany no more than two children benefiting from free tickets.

3. Reduced ticket prices apply to the following categories:

a) A 90% discount applies to persons who were engaged in revolutionary activities before January 1, 1945; persons who were engaged in revolutionary activities from January 1, 1945, to before the August 19 Revolution in 1945; mothers of Vietnam's Heroic Martyrs;

b) A 30% discount applies to war invalids, persons receiving benefits equivalent to war invalids, victims of Agent Orange, persons with severe disabilities, and persons with very severe disabilities.

4. The reduced ticket price specified in Clause 3 of this Article shall be applied based on the actual selling price of the seat type and train type used by passengers.

5. Based on specific conditions and times, enterprises operating passenger transport by railway may expand the scope of beneficiaries of free and reduced ticket prices and adjust the level of reduced ticket prices for social policy beneficiaries appropriately but ensuring that they are not lower than the levels stipulated in Clause 3 of this Article.

6. If a social policy beneficiary traveling by train enjoys two or more reduced ticket price benefits, they shall only enjoy the highest level of reduced ticket price benefit.

7. Beneficiaries of free and reduced ticket prices for trains must present certificates proving their eligibility and personal identification when purchasing tickets and boarding the train.

Article 19. Management and use of financial resources for managing and maintaining 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) Maintaining and repairing railway infrastructure invested by the State;

c) Organizing prevention, combating, and promptly remedying consequences caused by accidents, natural disasters, and railway traffic accidents.

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

3. The management, allocation, settlement, and final accounting of financial resources from the State budget for managing and maintaining railway infrastructure invested by the State shall be carried out in accordance with the provisions of the State Budget Law.

Chapter IV

OF RAILWAY TRAFFIC VEHICLES

Article 20. Special-purpose railway motive power equipment

Special-purpose railway motive power equipment includes:

1. Special-purpose motive power equipment moving on railways used for transporting people and materials, equipment serving specialized work in the railway industry.

2. Special-purpose motive power equipment moving on railways used for rescue and emergency response to railway traffic accidents; for inspection, construction, maintenance, repair of railway works, and serving defense and security.

Article 21. Equipment on special-purpose railway motive power equipment

1. Special-purpose motive power equipment moving on railways used for transporting people and materials, equipment serving specialized work in the railway industry when operating and applying on railways must comply with the provisions of Article 43 of the Railway Law.

2. The Minister of Transport shall specify the list and measures to ensure safety for types of special-purpose motive power equipment used for rescue and emergency response to railway traffic accidents; for inspection, construction, maintenance, repair of railway works, and serving security and defense when operating and applying on railways that are not required to have speed recording devices and related information on train operation (black box).

Chapter V

LIST OF DANGEROUS GOODS AND TRANSPORTATION

 DANGEROUS GOODS ON RAILWAYS

Section 1

 DANGEROUS GOODS

Article 22. 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 23. 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. The list of dangerous goods is issued by the Government, which adjusts the list of dangerous goods for each period based on the actual situation, upon the proposal of the agencies specified in Article 25 of this Decree.

Article 24. Packaging, Containers, Labels, Hazard Markings, and Warning Signs

1. Dangerous goods that must be packaged before transportation by rail shall be packaged according to Vietnamese standards and regulations of competent state authorities.

2. Packages and containers of dangerous goods must meet the standards and be affixed with hazard markings. The size, symbols, and colors of the hazard markings shall comply with the provisions of 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. Hazard markings must be affixed to both sides of the transport vehicle carrying dangerous goods. If a vehicle carries different types of dangerous goods, all hazard markings for those types must be affixed. In cases where containers or tanks containing dangerous goods are transported, the hazard markings must also be directly affixed to those containers or tanks.

5. The warning sign is rectangular, orange-yellow in color, with the United Nations code (UN number) in the center. The dimensions of the warning sign are specified in Point 2 of Appendix III attached to this Decree. The position of the warning sign is below the hazard marking.

6. Packaging, containers, labels, hazard markings, and warning signs for the transportation of radioactive materials must also comply with the regulations on safety and radiation control.

Article 25. Responsibilities for Establishing, Amending, and Supplementing Regulations on Chemicals and Dangerous Goods

The responsibilities for establishing, amending, and supplementing regulations on the list of dangerous goods, packaging standards, containers for dangerous goods, and necessary precautions when loading, unloading, and transporting dangerous goods are as follows:

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

2. The Ministry of Health is responsible for chemicals and insecticides used in household and medical fields.

3. The Ministry of Industry and Trade is responsible for petroleum products, natural gas, and hazardous chemicals used in industrial production.

4. The Ministry of Science and Technology is responsible for radioactive substances.

5. The Ministry of Natural Resources and Environment is responsible for other hazardous chemicals in various categories and groups of dangerous goods.

Section 2

TRANSPORTATION OF DANGEROUS GOODS

Article 26. 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. Activities involving the transportation, loading, unloading, and storage of radioactive materials and industrial explosives by rail, 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 national technical standards for railway operation.

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 27. Special Cases for Hazardous Goods Transportation

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 28. Conditions for Participants in Hazardous Goods Transportation

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

2. Escorts of hazardous goods, warehouse keepers, and loaders/unloaders of hazardous goods at consignors' warehouses must be trained according to the regulations stipulated in Article 25 of this Decree.

Article 29. Loading, Unloading, and Storage of Hazardous Goods

1. Personnel responsible for loading, unloading, and storing hazardous goods must carry out these activities in accordance with the regulations of the Ministry of Transport and the agencies specified in Article 25 of this Decree.

2. Based on the regulations of the Ministry of Transport, the agencies specified in Article 25 of this Decree, and the instructions of the freight customer, the person primarily responsible for receiving and organizing the transportation of hazardous goods shall determine the loading plan and securement methods for hazardous goods and direct relevant positions to properly load and unload the goods.

Loading and securing hazardous goods on railway transportation means must strictly follow the loading plan. Different types of hazardous goods that increase danger when loaded together in the same car 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 hazardous goods in warehouses and yards of stations and inland ports must follow the guidance of the warehouse keeper. Based on the regulations of the Ministry of Transport, the agencies specified in Article 25 of this Decree, and the instructions of the freight customer, the warehouse keeper guides and supervises the loading and unloading of hazardous goods in warehouses and yards and is responsible during the storage period of hazardous goods in these areas.

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 30. Conditions for Hazardous Goods Transportation Means

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

1. Suitability for the type of goods being transported as prescribed.

2. After unloading hazardous goods, if the transportation means will not continue to transport such goods, the recipient has the responsibility to organize 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 25 of this Decree to guide the cleaning procedures and locations for railway transportation means after transporting hazardous goods.

Article 31. Responsibilities of persons directly involved in dangerous goods transportation

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

đ) When discovering any incidents or threats to the safety of people, vehicles, environment, and other goods due to dangerous goods during transportation, promptly implement measures to limit or eliminate the potential harm caused by the dangerous goods; record the incident, report to the People's Committee of the nearest locality and relevant agencies for handling. If beyond their capacity to handle, they must report to superiors and the dangerous goods transportation lessee for timely resolution.

Article 32. Responsibilities of the dangerous goods transportation lessee

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 and submit a declaration form for dangerous goods according to the regulations and hand it over to the transporter before loading onto the vehicle, clearly stating: the name of the dangerous goods; code number; type and group of dangerous goods; total weight; packaging type; quantity of packages; date and place of production; full name and address of the dangerous goods transportation lessee; full name and address of the dangerous goods recipient.

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

4. Organize escorts for types and groups of dangerous goods that must have an escort as stipulated in Article 25 of this Decree. The dangerous goods escort has the responsibility to regularly guide and supervise the loading and unloading of dangerous goods on the vehicle; work together with the train captain and other relevant personnel to preserve the goods and promptly handle incidents during transportation.

Article 33. Responsibilities of dangerous 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 34. Responsibilities of Local People's Committees when incidents occur during the transportation of dangerous goods

Upon receiving notification of an incident occurring during the transportation of dangerous goods on railways, the nearest local People's Committee shall be responsible for mobilizing forces to urgently 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. Establish a quarantine zone, evacuate residents from contaminated and hazardous areas while reporting to higher-level People's Committees to mobilize firefighting, chemical defense, epidemic prevention, 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 35. Authority to Issue Permits for Dangerous Goods

1. Based on the level of danger of types, groups, and names of goods listed in the Dangerous Goods Catalogue attached as Appendix I to this Decree, the agencies specified in Clause 2 of this Article shall be responsible for specifying types, groups, and names of dangerous goods that require a permit for the transportation of dangerous goods on railways.

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

a) The Ministry of Public Security shall specify the issuance of permits for dangerous goods belonging to Types 1, 2, 3, 4, and 9 as specified in Clause 1 of Article 22 of this Decree;

b) The Ministry of Science and Technology shall specify the issuance of permits for dangerous goods belonging to Types 5, 7, and 8 as specified in Clause 1 of Article 22 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;

đ) The Ministry of Natural Resources and Environment shall specify the issuance of permits for dangerous goods belonging to Types 6 and 9 as specified in Clause 1 of Article 22 of this Decree.

Article 36. Permit for Dangerous Goods

1. The permit for dangerous goods shall be issued by the agencies with authority as specified in Clause 2 of Article 35 of this Decree to the person hiring the transportation of dangerous goods.

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).

3. The agencies specified in Clause 2 of Article 35 of this Decree shall stipulate the dossier, procedures, formalities, deadlines for issuing, and management and issuance of permits for dangerous goods. The format of the permit for dangerous goods must contain all the contents specified in Clause 2 of this Article.

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

Article 37. Registration of Carriages for Transporting Dangerous Goods and Stations for Loading and Unloading Dangerous Goods

Enterprises engaged in the transportation of dangerous goods on railways must register carriages meeting the standards for transporting dangerous goods, stations for loading and unloading dangerous goods with the agencies specified in Clause 2 of Article 35 of this Decree and strictly comply with such registrations.

Chapter VI

URBAN RAILWAYS

Article 38. Standards for cities to invest in urban railway construction

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

1. The city has the function of being a political, economic, cultural, scientific and technological, tourism, service center, transportation hub, domestic and international exchange, 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 39. Staff directly serving urban railway train operations

1. Staff directly serving urban railway train operations include: train dispatchers; train drivers; station staff; safety support staff on board.

2. Urban railway train drivers:

In addition to the provisions stipulated in Clause 1 and Clause 2, Article 47 of the Railway Law, for urban railways, train drivers must ensure the following conditions:

a) Holding a training certificate for urban rail train driving;

b) Age not exceeding 55 years old for males and 50 years old for females; holding a health certificate meeting the criteria set forth by the Ministry of Health;

c) Passing the examination for urban railway train driving qualifications.

3. The Minister of Transport shall stipulate the standards for staff directly serving urban railway train operations as provided in Clause 1 of this Article.

Article 40. Safety certification for urban railway systems

1. Urban railways must have a system safety certificate when put into operation.

2. The Ministry of Transport shall issue regulations on urban railway system safety and the conditions, procedures, and formalities for issuing system safety certificates for urban railways.

Chapter VII

RESPONSIBILITIES OF MINISTRIES, SECTORS AND PROVINCE PEOPLE'S COMMITTEES FOR ENSURING ORDER AND SAFETY IN RAILWAY TRAFFIC

REGARDING THE ENSUREMENT OF ORDER AND ROAD SAFETY FOR RAILWAYS

Article 41. Responsibilities of the Ministry of Transport

1. Establishing standards, technical norms, and economic quotas within the railway sector to promulgate according to its authority or submit to competent state agencies for publication.

2. Stipulating standards for design institutions, new construction, repair, inspection of railway equipment and vehicles; stipulating and organizing registration and inspection of railway vehicles.

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

4. Inspecting, supervising, and handling violations of laws in railway activities as prescribed by law.

5. Cooperating with local People's Committees and relevant ministries and sectors to promote, disseminate, and guide laws on railways and ensure order and safety in railway traffic; 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 42. Responsibilities of the Ministry of Public Security

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

2. Inspecting and penalizing violations related to security, order, and safety in railway traffic.

3. Leading investigations, penalizing railway traffic accidents; compiling statistics, monitoring, analyzing, and concluding causes of railway traffic accidents; providing data on railway traffic accidents.

4. Leading and coordinating with the Ministry of Transport to establish and recommend measures to prevent and mitigate causes of railway traffic accidents to relevant ministries, sectors, and provincial People's Committees.

5. Directing the Highway Police Corps - Railway Traffic Police, local public security organs to ensure order and safety in railway traffic for trains carrying high-level Party and State leaders, international delegations, and special cargo trains.

Article 43. Responsibilities of the Ministry of Finance

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

2. Ensuring funding for railway traffic safety and order assurance 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 44. Responsibilities of the Ministry of National Defense

Directing military agencies at all levels to cooperate with the railway sector and public security forces to ensure railway traffic safety and order; strictly adhering to regulations on railway traffic safety and order in the transportation of troops, vehicles, and equipment via railways.

Article 45. Responsibilities of the Ministry of Information and Communications

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

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

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

Article 46. Responsibilities of the Ministry of Education and Training

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

Article 47. Responsibilities of Provincial People's Committees

1. Directing and organizing the implementation of propaganda and dissemination of laws on railway traffic safety and order; implementing all necessary measures to establish discipline in railway traffic safety and order; assigning People's Committees of districts and communes where railway works are located to be responsible for protecting railway works 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 48. Responsibilities of mass media agencies

Central and local mass media agencies shall have plans, programs, and special sections for propaganda and dissemination of laws on railway traffic safety and order.

Article 49. Planning for new construction or renovation of works affecting the safety of railway works

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

Chapter VIII

IMPLEMENTING PROVISIONS

Article 50. Determination of time limits and principles for resolving existing works within the scope of land allocated for railways

1. Determination of time limits:

a) Works existing within the scope of 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 regarding the Regulations on the scope, boundaries of railways, and traffic safety and order.

b) Works existing within the scope of 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 issued by the Government on ensuring railway traffic safety and order.

a) Works existing within the scope of 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 removing works that pose a danger to the safety of railway works and railway traffic safety.

b) For works that are not directly affecting the safety of railway works and railway traffic safety, they may temporarily maintain their current status but the owners of such works must commit to local authorities and railway infrastructure business enterprises not to expand or develop them further and to remove them immediately upon request by competent state management agencies.

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

Article 51. Effective Date

This Decree shall take effect from April 15, 2015; it replaces Decree No. 109/2006/NĐ-CP dated September 22, 2006 of the Government detailing and guiding the implementation of certain provisions of the Law on Railways and Decree No. 03/2012/NĐ-CP dated January 19, 2012 of the Government amending and supplementing certain provisions of Decree No. 109/2006/NĐ-CP dated September 22, 2006 of the Government detailing and guiding the implementation of certain provisions of the Law on Railways.

Article 52. Responsibility for Implementation

1. The Ministry of Transport within the scope of its assigned tasks and powers shall be responsible for detailing and guiding the implementation of this Decree.

2. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees under central cities, and Heads of related agencies shall be responsible for implementing this Decree./.