Circular No. 25/2018/TT-BGTVT on railway crossings and construction permits for essential works within railway land areas

CIRCULAR

Regulations on level crossings and issuance of construction permits for essential works

within the area reserved for railway tracks

__________________

 

At the proposal of the Director of the Personnel Organization Department and the Director of the Vietnam Registration Bureau;

Pursuant to Decree No. 12/2017/NĐ-CP dated February 10, 2017, issued by the Government on the functions, tasks, powers, and organizational structure of the Ministry of Transport;

pursuant to the proposal of the Director of the Department of Transport Infrastructure and the Director of the Vietnam Railway Administration,

The Minister of Transport shall issue a Circular to regulate level crossings and the issuance of construction permits for essential works within the land reserved for railways.

 

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Circular stipulates on:

a. Construction of level crossings; traffic at level crossing areas; issuance, extension, renovation, upgrading, and removal of level crossings on national railways and dedicated railways.

b. Issuance of construction permits for essential works within the land reserved for railways.

2. Construction, renovation, repair of railway works not falling within the scope regulated by this Circular.

Article 2. Applicability

This Circular applies to organizations and individuals related to:

1. Activities of constructing, renovating, upgrading, removing, managing, using, and maintaining level crossings.

2. Traffic activities at level crossing areas.

3. Construction of essential works within the land reserved for railways.

4. This Circular does not apply to railways and roads on shared bridges; places where railways intersect with internal roads serving the operations of stations, ports, cargo yards, factories, enterprises, industrial zones.

Article 3. Explanation of Terms

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

1. Public level crossing is a section of road belonging to national highways, provincial roads, district roads, commune roads, urban roads intersecting at the same level with national railways and dedicated railways, permitted by competent authorities for construction and operation.

2. Dedicated level crossing is a section of dedicated road intersecting at the same level with national railways and dedicated railways, permitted by competent authorities for construction and operation.

3. Level crossing with guard is a level crossing organized with protection through the arrangement of guards.

4. Level crossing without guard is a level crossing organized with automatic warning or signs.

5. Level crossing organized with automatic warning is a level crossing arranged with automatic warning signals, with or without automatic barrier arms.

6. Level crossing organized with signs is a level crossing arranged with various sign signals.

7. Long-term level crossing is a level crossing without limitation on operating time from the date of permission granted by the competent authority.

8. Time-limited level crossing is a level crossing only allowed to operate for a specified period permitted by the competent authority.

Level crossing barrier is a barrier arm or frame installed within the level crossing area with the purpose of preventing people, vehicles, and other objects from passing through the railway during a specific period.

Level crossing protection system is a system related to ensuring traffic safety and preventing accidents at level crossings, including: level crossing barriers; posts, fixed fences; road markings, speed bumps, humps; railway and road sign systems; electric signal lights and bells; level crossing warning signals, rail blocking signals, and other related equipment.

Speed bump is a type of road marking, with a thickness not exceeding six millimeters (mm), designed to warn (through causing a slight impact on vehicles) road users of dangerous positions ahead, requiring them to reduce speed and pay attention to ensure traffic safety.

Hump is a convex structure raised above the road surface, designed to force vehicles to reduce speed before passing through dangerous positions.

Chapter II

LEVEL CROSSING

Section 1

                       REGULATIONS FOR LEVEL CROSSING

Article 4. Scope and area of railway crossings

1. The scope of railway crossings is defined as follows:

a) The section of road, the land area allocated for the road within the safety zone of railway traffic and the protection zone of railway works;

b) The section of railway, the land area allocated for the railway within the safety zone of road traffic.

2. The area of railway crossings includes:

a) The scope of railway crossings;

b) The limits of the safety zone for traffic at railway crossing areas as prescribed in the Decree on management and protection of railway transportation infrastructure.

Article 5. Classification and grading of railway crossings

1. Classification of railway crossings

a) By usage period: Long-term railway crossings; railway crossings with a limited term;

b) By organizational form of protection: Railway crossings with guards; railway crossings without guards;

c) By service nature: Public railway crossings; specialized railway crossings.

2. Railway crossings are classified into grades I, II, and III as prescribed in Appendix 1 of this Circular.

Article 6. Location and angle of intersection of railway crossings

1. When constructing new railway crossings, the following requirements must be met:

a) Railway crossings must be located on straight sections of railway tracks. In special cases where it is necessary to place them on curved sections, they can only be placed on circular curves with a minimum radius of 300 meters (m) and measures to ensure traffic safety must be implemented;

b) Railway crossings must be at least 100 meters (m) away from tunnel entrances and bridge abutments of railway tracks;

c) Railway crossings must be outside the signal post entering the station;

d) The distance between two railway crossings outside urban areas must not be less than 1000 meters (m);

đ) The distance between two railway crossings within urban areas must not be less than 500 meters (m);

e) In cases where the provisions of points a, b, c, d, and đ of Clause 1 of this Article cannot be met, such cases must be reviewed and decided by the Minister of Transport;

2. For existing railway crossings that do not meet the conditions stipulated in Clause 1 of this Article, they must be renovated or upgraded to meet the requirements or temporarily maintained but must have measures to ensure traffic safety for people and vehicles passing through the railway crossings.

3. The angle of intersection between railway and road must be a right angle (90°); in difficult terrain, the angle of intersection must not be less than 45°.

Article 7. Railway tracks within the scope of railway crossings

The railway track within the scope of railway crossings must meet the following requirements:

1. Technical requirements

The construction of the railway crossing surface must place guard rails or other structures to create a clearance between the inner edge of the main rail and the guard rail or between the main rail and the structure (hereinafter referred to as rail gap) meeting the following requirements:

a) Guard rails or structures creating rail gaps must cover the entire width of both shoulders of the road;

b) Width of rail gap:

For railway crossings on straight sections or curved sections with a radius of 500 meters (m) or more: Rail gap width is 75 millimeters (mm);

For railway crossings on curved sections with a radius less than 500 meters (m): Rail gap width is 75 millimeters (mm) plus half the widening of the curve according to the National Technical Regulations for Railway Operation;

c) Depth of rail gap must be at least 45 millimeters (mm);

d) In cases where the road surface within the railway is asphalt concrete, guard rails must be used to create rail gaps; the height of the guard rail must be equal to the height of the main rail;

đ) In cases where the road surface within the railway is made of reinforced concrete panels, the edge of the panel adjacent to the main rail must have a special structure to create rail gaps;

e) In cases where guard rails are installed as prescribed in point a of this clause, the ends of the rail must be treated as follows:

Both ends of the rail must be bent inward towards the center of the railway track. The length of the bent end of the guard rail is 500 millimeters (mm), the rail gap at the start of the bend is as prescribed in point b of this clause, and the rail gap at the end of the rail is 250 millimeters (mm).

At the starting point of the bend and the end of the guard rail, they must be securely connected to the switch blade;

g) No rail joints should be placed within the scope of the railway crossing. If the railway crossing is long, the rail joints must be welded together; if welding is not possible, the rails must be heated to burn the joint;

h) All rail fasteners must be complete and securely connected.

2. Material requirements:

a) Switch blades within the scope of railway crossings must be reinforced concrete switch blades, with limited use of steel or wooden switch blades. If wooden switch blades are used, they must be high-quality wood treated with oil to prevent decay;

b) The ballast at railway crossings must be clean, sufficiently thick, and meet the specified standards.

Article 8. Requirements for the road section at level crossings when constructing new level crossings

When constructing new level crossings, the road section at the level crossing must meet the corresponding technical standards according to the road grade, while also ensuring the following specific provisions:

1. Alignment: The road from the outer edge of the rail outward must be straight over a minimum length equal to the stopping sight distance specified in Appendix 2 of this Circular, and in cases of difficult terrain, it shall not be less than 15 meters (m).

For level crossings with a central median strip, the distance from the outer edge of the rail to the tip of the median island must be a minimum of 6 meters (m).

2. Longitudinal profile:

a) Within the railway right-of-way and from the outer edge of the rail outward, the road must have a longitudinal slope of 0% over a minimum length of 16 meters (m), and in cases of difficulty, it shall not be less than 10 meters (m);

b) The subsequent road section must have a longitudinal slope not exceeding 3% over a minimum length of 20 meters (m); in mountainous areas and difficult terrain, the longitudinal slope of these sections shall not exceed 6%;

c) For road sections passing through two or more railways, the longitudinal slope of the road is determined based on the height of the rail peaks of adjacent railways.

3. Width of the running lane of the road section within the level crossing area must not be less than the width of the running lane on the outer road and must not be less than 6 meters (m). If widening is required to ensure that the road surface is not less than 6 meters (m), the subsequent section must gradually taper to the width of the running lane on the outer road outside the level crossing area at a ratio of 10:1.

The minimum width of the sidewalk must be sufficient to install traffic signs.

4. Within the level crossing area, there must be a complete drainage system to ensure water drainage in the area.

5. On the road surface within the level crossing area where no guard is stationed, speed humps or rumble strips must be installed to enhance traffic safety. The construction of speed humps and rumble strips shall comply with the regulations of the Ministry of Transport.

In this case, the road section within the railway right-of-way and from the outer edge of the rail outward must have a longitudinal slope of 0% over a minimum length of 25 meters (m).

6. Level crossings of Class I and Class II and level crossings within residential areas must have a dedicated pedestrian path within the level crossing area.

Article 9. Requirements for the road section at level crossings in certain special cases

When renovating or upgrading level crossings but failing to meet the requirements set forth in Article 8 of this Circular, the road section at the level crossing shall be implemented as follows:

1. In cases where the parallel road has a section turning into the railway and the nearest distance from the outer edge of the rail to the road is less than 15 meters (m):

a) Prioritize widening the parallel road adjacent to the railway to arrange for lane separation and merging for vehicles to stop and observe before turning into the level crossing and exiting from the level crossing;

b) The minimum width of the separation and merging lanes must be equal to the width of one lane according to the road grade. After widening, the road surface must lie outside the barrier separating the railway from the road, and must ensure safety for railway and road traffic passing through the level crossing. Details are provided in Appendix 3 of this Circular;

c) Raise or lower the road surface in the level crossing area to ensure that the road from the outer edge of the rail outward along the parallel railway lies on a flat slope (0%) over a minimum length of 05 meters (m). Subsequently, the road section must have a longitudinal slope not exceeding 6% and must meet the corresponding technical standards according to the road grade.

2. In cases where the road section at the level crossing is located on a curve of the railway:

a) The road at the level crossing must have a longitudinal slope according to the superelevation of the railway within the range: Between the two barriers for level crossings with guards; between the "Stop" markings for level crossings without guards.

b) The subsequent road section must lie on a flat slope (0%) over a minimum length of 16 meters (m), and in cases of difficulty, it shall not be less than 10 meters (m). The subsequent road section must have a longitudinal slope not exceeding 3% over a minimum length of 20 meters (m); in mountainous areas and difficult terrain, the longitudinal slope shall not exceed 6%.

3. In cases where the existing level crossing has roads cutting across multiple railways: The road within the railway right-of-way and a minimum of 01 meter (m) from the outer edge of each rail outward according to the peak rail height of each rail. Subsequently, the section must have a longitudinal slope according to the difference in height of the rail peaks of adjacent railways.

4. In cases where it is difficult to implement the provisions set forth in Clauses 1, 2, and 3 of this Article, the road section within the level crossing area must be renovated and upgraded to improve the length of the sloping section to ensure traffic safety.

Article 10. Structure of the road surface at level crossings

1. The structure of the road surface within the railway track and the range from the outermost main rail edge to each side by two meters (m) shall be made of reinforced concrete interlocking slabs or other structures that meet the corresponding road load class.

2. In cases where existing level crossings within stations or sections of roads within restricted gradient level crossing areas cannot comply with the requirements, the road surface structure range from the outermost main rail edge may be reduced to one meter (m).

3. The road surface must satisfy technical standards corresponding to the type of road surface structure. When using reinforced concrete interlocking slabs, they must be tightly connected and stable.

Article 11. Organization of Level Crossing Protection

1. For Class I and Class II level crossings, protection must be organized in the form of manned guarding.

2. For Class III level crossings:

a) Protection must be organized in the form of manned guarding for the following cases:

The traffic safety zone at the level crossing does not ensure the required visibility as stipulated in the Decree on management and protection of railway infrastructure.

The road at the level crossing has been upgraded to Class VI or higher.

b) For level crossings that do not meet the provisions set out in point a of this clause:

The national railway infrastructure business enterprise shall take the lead and coordinate with the People's Committee of the district, the road administration agency, and the Vietnam Railway Administration to inspect and propose the Ministry of Transport to decide on organizing surveillance at dangerous level crossings on national railways.

The dedicated railway business enterprise shall take the lead and coordinate with the People's Committee of the district and the road administration agency to inspect and propose the owner of the dedicated railway to organize surveillance at dangerous level crossings on dedicated railways.

3. The layout of level crossings organized for manned and unmanned guarding is specified in Appendix 4 of this Circular.

Article 12. Level Crossing Guard Houses

Level crossing guard houses can only be used to serve level crossing guards in performing tasks to ensure traffic safety at level crossings and must meet the following conditions:

1. Located in a position that allows observation of both sides of the road and railway, facilitating the work of level crossing guards; not obstructing the view of participants in railway and road traffic.

2. The nearest part of the level crossing guard house must be at least 3.5 meters (m) away from the outermost railway rail edge and the edge of the road vehicle section, and not more than 10 meters (m) away. The entrance door should open towards the road, and the house wall must have windows with glass providing clear views of the road and railway; the floor of the house must be higher than or equal to the rail surface.

3. The level crossing guard house must have a toilet, clean water, and sufficient lighting for work. When newly constructed, the area of the level crossing guard house must not be less than twelve square meters (m2).

4. In cases where the provisions of clauses 1, 2, and 3 of this Article are not met, approval must be obtained from:

a) The Minister of Transport for level crossings on national railways and public level crossings on dedicated railways;

b) The owner of the dedicated railway for dedicated level crossings on dedicated railways.

Article 13. Lighting at Level Crossings

At manned level crossings where there is access to the national power grid, lighting must be provided during nighttime and daytime when there is fog. The light intensity must be sufficient for the driver of railway and road vehicles to clearly see the signals given by the level crossing guard. The average illuminance is 25 - 30 lx, and the uniformity ratio Emin/Etb must not be less than 0.5.

Section 2

LEVEL CROSSING PROTECTION SYSTEM

Article 14. Railway Crossing Protection System

1. The railway crossing protection system when constructed and installed at the railway crossing must meet the following requirements:

a) Compliance with technical standards and applicable standards for each type of equipment;

b) Must be fully arranged in accordance with the type of railway crossing, regularly inspected, and maintained in a stable operational technical condition to ensure safety and prevent accidents throughout the operation and use of the railway crossing.

2. All organizations and individuals have the responsibility to protect the railway crossing protection system, and shall not arbitrarily move, appropriate, damage, or reduce its effectiveness and function.

Article 15. Arrangement of Railway Crossing Protection System

1. For manned railway crossings:

a) Manual barrier or electrically operated barrier directly controlled by personnel;

b) Fixed posts and fences;

c) Road markings;

d) Railway and road traffic signs;

đ) Signal lights, electric bells, or sound-producing speakers;

e) Rail blocking signals on the railway when the driver's view of the railway crossing is less than 1000 meters (m), except for railway crossings within the range of station entry, exit signals, or holding yard signals, through signals on the railway equipped with automatic crossing barriers or other protective signals, when these signals are less than 800 meters (m) from the railway crossing.

g) Other devices related to ensuring safe traffic at the railway crossing.

2. For unmanned railway crossings:

a) Railway crossings protected by automatic warning systems:

Automatic barriers (if available).

Fixed posts and fences.

Road markings, speed humps, rumble strips; warning signs about approaching trains according to the guidelines of the Ministry of Transport;

Railway and road traffic signs.

Signal lights and electric bells or sound-producing speakers.

Other devices related to ensuring safe traffic at the railway crossing.

b) Railway crossings protected by existing warning signs:

Posts.

Road markings, speed humps, rumble strips; warning signs about approaching trains according to the guidelines of the Ministry of Transport.

Railway and road traffic signs.

Other devices related to ensuring safe traffic at the railway crossing.

Article 16. Warning Posts and Fixed Barriers

1. Along both sides of the road within the railway crossing area, there must be rows of warning posts as follows:

a) Warning posts must be planted up to the position where the crossing barrier is placed for manned railway crossings;

b) Warning posts must be planted up to a position 2.5 meters (m) away from the outermost rail edge for unmanned railway crossings;

c) The distance between warning posts must comply with design requirements suitable for the corresponding road level.

2. At manned railway crossings and unmanned railway crossings with automatic warning systems equipped with automatic barriers, along both sides of the road within the area from the crossing barrier to a position at least 2.5 meters (m) away from the railway, fixed barriers must be arranged to prevent people and road traffic vehicles from crossing the barrier into the railway crossing when the barrier is closed.

3. Warning posts and fixed barriers must be fully arranged in the correct positions and comply with the national technical standards for road signage.

4. In cases where there is a parallel road near the railway within the railway crossing area that requires a barrier to separate the road from the railway, the height of the barrier must ensure visibility for the driver of road traffic vehicles when entering and exiting the railway crossing.

Article 17. Road markings, speed reduction strips, and humps on the road surface in the area of railway crossings

1. The road surface in the area of railway crossings must always maintain the following road markings:

a) Stop line;

b) Speed reduction marking;

c) Two-way lane division marking;

d) Marking indicating proximity to the intersection with the railway;

e) "STOP" lettering for railway crossings organized with warning signs;

f) Other road markings suitable for the characteristics of the railway crossing to enhance traffic safety at the crossing.

2. In cases where the road surface in the area of railway crossings runs parallel and close to the railway, and the road surface is limited in size to accommodate the road markings specified in Clause 1 of this Article, the competent road management agency shall take the lead and coordinate with railway infrastructure business enterprises to inspect the road surface in the area of railway crossings to arrange road markings in compliance with national technical standards on road markings, suitable to actual conditions, and ensuring safety.

3. The position of the "Stop" marking is measured from the end of the barrier outward by 3 meters (m) at locations with barriers or from the outermost rail edge outward by 6 meters (m) at locations without barriers.

4. The construction and arrangement of speed reduction strips, humps, and road markings shall be carried out according to the guidelines of the Ministry of Transport.

5. The specifications and positions of road markings shall comply with national technical standards on road markings.

Article 18. Railway and road warning sign system

1. For manned railway crossings:

a) Place the "Stop" sign on the railway near the railway crossing guard house, with the placement location at least 3 meters (m) away from the road edge to prevent trains from entering the crossing before the crossing barrier is fully closed.

b) Depending on the angle of intersection between the railway and the road, place the "Intersection perpendicular to the road" or "Intersection not perpendicular to the road" sign on the road within the railway crossing area before reaching the point of intersection with the railway.

c) Place the "Intersection with railway barrier" sign on the road outside the railway crossing area before reaching the point of intersection with the railway.

2. For unmanned railway crossings, in addition to placing the warning signs specified in Point b, Clause 1 of this Article, the following signs must also be placed:

a) The "Intersection with unguarded railway" sign on the road outside the railway crossing area before reaching the point of intersection with the railway.

b) The "Stop" sign on the road within the railway crossing area before reaching the point of intersection with the railway for railway crossings organized with warning signs.

3. On both sides of the railway approaching the crossing, the "Whistle" sign must be placed.

4. The dimensions, specifications, and placement locations of railway and road warning signs shall comply with national technical standards on road markings and national technical standards on railway signals.

Article 19. Signal lights and electric bells or sound-producing speakers

1. Signal lights and electric bells or sound-producing speakers (except in cases where the road intersects with a road running parallel to the railway) must be placed before the barrier (or attached to the barrier post) or placed at least 6 meters (m) away from the outermost rail. In all cases, signal lights must be placed in positions that are not obstructed.

2. Requirements for signal lights

a) Signal lights must have two red lights placed side by side, these lights will alternate flashing when turned on. When a train approaches the crossing, the signal light turns on, prohibiting passage through the crossing. When the train has passed through the crossing and the barrier is fully open, the signal light turns off, allowing normal movement on the road.

b) The time when the signal light turns on must ensure at least 60 seconds before the train reaches the crossing when using automatic signal lights (for crossings with automatic warning signals); 90 seconds when using automatic signal lights and non-automatic barriers; 120 seconds when using non-automatic signal lights.

c) Brightness and angle of illumination: The brightness and angle of illumination of the signal light must ensure that the driver of a road vehicle can see the signal from a distance of at least 100 meters (m); the red light of the signal light must not shine towards the railway.

3. Requirements for electric bells or sound-producing speakers

a) The bell or sound-producing speaker must ring when a train approaches the crossing at least 60 seconds when using automatic signal lights (for crossings with automatic warning signals); 90 seconds when using automatic signal lights and non-automatic barriers; 120 seconds when using non-automatic signal lights.

b) For manned crossings, the bell or sound-producing speaker turns off when the barrier is fully closed.

c) When the bell rings or the sound-producing speaker produces sound, the sound level at a distance of 15 meters (m) and 1.2 meters (m) above ground level must be from 90 decibels (dB) to 115 decibels (dB) so that traffic participants can clearly hear it.

4. The diagram of signal lights and electric bells or sound-producing speakers is provided in Appendix 5 of this Circular.

Article 20. Railway crossing stop signals

1. Location of railway crossing stop signals

a) Railway crossing stop signals shall be placed from 100 meters (m) to 500 meters (m) away from the road crossing (measured from the shoulder of the road on the same side).

Where there are multiple manned road crossings located close together and the distance between two road crossings is less than 500 meters (m), railway crossing stop signals shall be arranged at both ends of the area with multiple road crossings;

b) They shall be placed on the left side according to the direction of train movement towards the road crossing. In cases of special difficulties, such decisions shall be made by the Minister of Transport.

2. The visibility of railway crossing stop signals must ensure at least 800 meters (m). In difficult terrain conditions, the visibility of railway crossing stop signals shall not be less than 400 meters (m).

3. Operation of railway crossing stop signals

a) Railway crossing stop signals are red lights, when activated, they signal trains to stop;

b) When railway crossing stop signals are turned off, trains operate normally. When there are obstacles on the road crossing affecting traffic safety, the crossing guard must turn on the red light of the railway crossing stop signal;

c) On road crossings with automatic barriers within the interval, equipment must be installed to switch the nearest barrier signal to the closed state so that the crossing guard can act promptly when there are obstacles on the road crossing affecting traffic safety.

Article 21. Equipment in the crossing guard house

1. The following equipment must be fully provided in the crossing guard house:

a) Communication telephone;

b) Road signal control device;

c) Railway signal control device for road crossings specified in point e, Clause 1, Article 15 of this Circular;

d) Automatic notification device to alert the crossing guard when a train approaches the road crossing;

đ) Crossing barrier control device for cases specified in Clause 3, Article 23 of this Circular;

e) Device capable of recording and storing communications between the train dispatcher and the crossing guard;

g) Clock.

2. All equipment in the crossing guard house specified in Clause 1 of this Article must be ready for operation.

3. For road crossings on dedicated railways, the arrangement of communication devices shall be decided by the authority issuing the construction permit for the road crossing, but it must ensure sufficient information for the crossing guard to know when a train is approaching the road crossing to timely close the barrier to prevent traffic accidents.

Article 22. Signal and protective equipment for road crossings operated by electricity

1. For manned road crossings

a) Electrical signal and protective equipment must be centrally controlled from the crossing guard house; if centralized control is not possible, permission from the competent authority is required;

b) All equipment must always be in good working condition and must be operable manually if the automatic equipment fails suddenly.

2. For road crossings protected by automatic warning systems:

a) Automatic signals on the road side must clearly and promptly inform about the status of the road crossing closure under all weather conditions;

b) When equipment malfunctions and cannot issue a road closure signal, the railway infrastructure business operator or the road crossing management and user entity must repair it as soon as possible and restore it in the shortest time. At the same time, they must organize road crossing protection using warning signals (flashing yellow lights) on the road side and station personnel to guard the road crossing.

Article 23. Crossing gates with attendants

1. On both sides of railway tracks within the crossing area on the road, crossing gates must be installed to prevent vehicles and pedestrians from entering the road when a train approaches. The crossing gate must be placed at least 6 meters (m) from the outermost rail. In cases where the terrain is limited, the gate must be placed at a position that does not violate the adjacent architectural limit of the railway track as stipulated in the National Technical Regulation on Railway Operation.

2. The crossing gate begins to close from the right side of the road (in the direction towards the crossing) to the left. In cases where there are multiple gates at the crossing, the gate on the right side must be closed first. Once the gate is closed, it must block the entire width of the road.

3. The crossing gate may be equipped with an electric motor to assist the attendant in operating the opening and closing of the gate or using an electrically operated lever and manually controlled.

4. Time for closing the gate

a) Both sides of the road approaching the crossing must be completely closed before the train reaches the crossing at least: 60 seconds for electric and winch-operated gates; 90 seconds for manually operated gates;

b) The gate must not be closed more than 3 minutes in advance for Class I and Class II crossings and more than 5 minutes in advance for Class III crossings before the train reaches the crossing; except for crossings with specific regulations set by the Ministry of Transport.

Article 24. Automatic warning crossing gates

1. On both sides of railway tracks within the automatic warning crossing area, if an automatic lever is installed, the lever must be placed at least 6 meters (m) from the outermost rail. In cases where the terrain is limited, the placement of the gate must not violate the adjacent architectural limit of the railway track.

The lever must only cover half or two-thirds of the road surface. The remaining part of the road without a lever must be at least 3 meters (m) wide and located on the left side of the direction of traffic approaching the crossing.

2. The structures and equipment of the automatic warning gate must ensure the following sequence of operations:

a) When the train approaches the crossing, the red signal lights on the road and the red light on the automatic lever turn on, and the alarm bell or automatic voice announcement sounds. After 7 to 8 seconds, the lever starts to close.

b) When the train passes through the crossing, the automatic lever opens. Once the lever is fully open, the lights on the lever and the signal lights on the road automatically turn off.

3. Time for closing the gate: Both sides of the road approaching the crossing must be completely closed at least 40 seconds before the train reaches the crossing.

Article 25. Requirements for placing warning signs when the road runs parallel and near a section leading to the railway

1. When the length of the section leading to the railway is less than 10 meters (m).

a) Depending on the angle of intersection of the crossing, the sign "Intersection perpendicular to the road" or "Intersection not perpendicular to the road" must be placed on the curb at both angles of intersection between the road running near and the section leading to the railway;

b) Depending on the type of crossing protection, the signs "Intersection with railway fence" or "Intersection without railway fence" must be placed on the right curb of the road running near the railway. The distance of the signs from the section leading to the railway ranges from 40 meters (m) to 240 meters (m).

2. When the length of the section leading to the railway is from 10 meters (m) to 75 meters (m)

a) Depending on the angle of intersection of the crossing, the sign "Intersection perpendicular to the road" or "Intersection not perpendicular to the road" must be placed on the right curb of the section leading to the railway, at a position 10 meters (m) from the outermost rail of the railway;

b) Depending on the type of crossing protection, the signs "Intersection with railway fence" or "Intersection without railway fence" must be placed on the right curb of the road running near the railway. The distance of the signs from the section leading to the railway ranges from 10 meters (m) to 200 meters (m).

3. When the length of the section leading to the railway is greater than 75 meters (m): warning signs must be placed according to the provisions of Article 18 of this Circular.

4. The face of the signs specified in Clause 1 and point b Clause 2 of this Article must be placed perpendicular to the direction of traffic on the road near the railway and must not be obstructed.

5. The location of the warning signs specified in Clause 1 and Clause 2 of this Article shall be in accordance with Section C, Appendix 4 of this Circular.

Article 26. Traffic signals on roads at intersections where a branch road enters a railway crossing and the distance to the railway crossing is less than 75 meters (m).

At intersections where a branch road enters a railway crossing and the distance to the railway crossing is less than 75 meters (m), the road management agency must:

1. Install traffic signals on the road at the intersection if there is no traffic control signal at the intersection to inform persons and vehicles participating in road traffic to stop before entering the railway crossing when the road barrier at the railway crossing ahead is closed.

If there is a traffic control signal at the intersection, this signal must display in accordance with the traffic signals installed on the road leading to the railway crossing.

2. Traffic signals on the road parallel to the railway must display in accordance with the railway signal indications (when the road entering the railway crossing is closed for trains to pass; the road parallel to the railway must be clear).

3. To comply with the provisions of Clause 1 and Clause 2 of this Article, it is necessary to implement the connection according to the regulations on connecting traffic lights with traffic signals on the road at the railway crossing.

Article 27. Setting up warning signs on the railway crossing when the road intersects both the railway and another road running parallel to the railway.

When the road intersects both the railway and another road running parallel to the railway, the setting up of warning signs on the road leading to the railway crossing shall be carried out as follows:

1. For the direction of the road leading to the railway crossing that intersects with another road and then intersects with the railway, it shall be implemented in accordance with Article 25 of this Circular.

2. For the direction of the road leading to the railway crossing that does not intersect with another road, it shall be implemented in accordance with Article 18 of this Circular.

Article 28. Equipment, devices, and railway crossing guards.

1. Railway crossings must be equipped with all required equipment and devices as prescribed.

2. For railway crossings with guards, guards must be stationed continuously day and night in shifts.

3. The staffing of railway crossing guards shall be arranged in accordance with labor laws, suitable for the management work and timely, accurate operation of the railway crossing barriers to ensure safe traffic at the railway crossing.

Article 29. Management files for railway crossings.

Management files for railway crossings include:

1. Management files for each railway crossing:

a) Completion files for railway crossing works and other construction projects permitted within the railway crossing area in accordance with construction laws.

In case completion files are lost or incomplete, the subjects specified in Articles 59, 60, and 61 of this Circular shall be responsible for establishing management files reflecting the current status of the railway crossing works;

b) Construction permits for railway crossings, decisions to put railway crossing works into operation and use;

c) Statistical tables on technical condition and history of railway crossings;

d) Management files for the traffic safety zone at the railway crossing in accordance with laws on infrastructure management and protection, showing architectural structures and objects obstructing visibility within this range; environmental protection files in accordance with environmental protection laws (if applicable);

đ) Daily activity logs for the railway crossing concerning: railway crossing works, railway crossing equipment, and the railway crossing signaling system; regular and spot-check inspection logs of the railway crossing's condition by the head of the unit directly managing and using the railway crossing works;

e) Inspection files from competent authorities;

g) For railway crossings with guards, in addition to the provisions at points a, b, c, d, đ, and e of this clause, the management files for railway crossings shall include the following registers and forms: train schedule, guard duty roster, defense plan in case of obstacles on the railway crossing, specific actions of railway crossing guards, summary disciplinary records of railway crossing guards, guard duty logbook, weekly shift handover book; inspection log recording orders.

2. Summary statistical tables of railway crossings for each railway line according to administrative boundaries at the commune, district, and provincial levels as stipulated in Appendix 7 of this Circular and made public on the electronic information website of the Vietnam Railways Administration, railway infrastructure business enterprises, managers, and users of railway crossings.

Article 30. Content of Railway Crossing Management

1. Establish, update, and store railway crossing management files in accordance with Article 29 of this Circular; update railway crossing files into the system's database for management and monitoring.

2. Inspect and maintain the operational status of railway crossing facilities to ensure traffic safety according to the approved files by competent authorities.

3. Organize and directly implement railway crossing protection in accordance with the provisions of this Circular.

4. Manage and protect railway crossing facilities' assets and traffic safety zones at railway crossings in accordance with the law.

5. For railway crossings where construction permits or decisions on putting railway crossing facilities into operation and use have been lost:

a) In cases of railway crossings on national railways: The enterprise operating national railway infrastructure shall prepare current status reports on railway crossings and report to the Ministry of Transport for permission to continue operation;

b) In cases of public railway crossings on dedicated railways related to national highways: The organization managing the use and operation of railway crossings shall prepare current status reports on railway crossings and report to the Ministry of Transport for permission to continue operation;

c) In cases of public railway crossings on dedicated railways related to provincial roads, district roads, commune roads, and urban roads: The organization managing the use and operation of railway crossings shall prepare current status reports on railway crossings and report to the Provincial People's Committee for permission to continue operation.

 

Section 3

TRAFFIC RULES IN THE AREA OF RAILWAY CROSSINGS

Article 31. Road Traffic within the Scope of Railway Crossings

Participants in road traffic when passing through railway crossings must comply with the provisions of the Railway Law and the Road Traffic Law, and also implement the following provisions:

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

2. Must comply with the instructions of railway crossing guards and the signals within the scope of the railway crossing.

3. When there is a stop signal by flashing red lights, red flags, red signs, horns, bells, or loudspeakers, or when barriers are moving or closed, or when instructed by railway crossing guards, all participants in road traffic (including those with priority rights) must stop on the right side of their respective lanes and before the "Stop" line.

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

5. For railway crossings protected by warning signs, participants in road traffic must stop before the stop line, listen to train horns, observe approaching trains from both directions, and only proceed once it is certain that no rail vehicles are approaching the crossing, and they are fully responsible if an accident occurs.

Article 32. Stopping and Parking in the Area of Railway Crossings

1. It is not allowed to turn around, stop, or park within the area between two "Stop" lines at railway crossings.

2. When a road traffic vehicle breaks down or has an accident and cannot immediately move out of the area between two "Stop" lines at railway crossings, the driver must take measures to quickly remove the vehicle from this area.

If the nearest point of the vehicle or cargo is less than 1.75 meters from the outer edge of the outermost rail, the driver must take measures to warn the train to stop before the obstacle, and simultaneously take all necessary measures to quickly move the vehicle and cargo to at least 1.75 meters from the outer edge of the outermost rail. Specific details are provided in Appendix 6 of this Circular.

Article 33. Special Means of Transport Crossing Level Crossings

Special means of transport such as vehicles exceeding the weight limit, over the size limit of roads, or tracked vehicles causing damage to road surfaces, if permitted to travel through level crossings, must comply with the following requirements:

1. Adhere to the Railway Law and the Road Traffic Law.

2. The owner of the aforementioned special means of transport must have a safety plan for protecting railway infrastructure at level crossings, ensuring safe railway traffic when passing through level crossings, and must notify the railway infrastructure business operator or the railway management and usage entity at the level crossing that the vehicle needs to pass through to arrange personnel to assist and guide for safety.

Article 34. Leading Animals Through Level Crossings

1. Before leading animals through a manned level crossing, the person leading the animals must contact the level crossing staff to understand train schedules and to receive guidance.

2. Before leading animals through an unmanned level crossing, the person leading the animals must observe approaching railway traffic at the level crossing and only lead the animals across when it is safe to do so.

3. People and animals crossing level crossings must stay close to the right edge of the road. The person leading the animals is fully responsible for any accidents resulting from non-compliance with traffic rules at level crossings as stipulated in this Circular.

Article 35. Train Operators Crossing Level Crossings

In addition to complying with the provisions of Clause 2, Article 39 of the Railway Law, train operators crossing level crossings must pay attention to stop signals, level crossing warning signals (if available), and carefully observe the level crossing to quickly brake the train upon seeing a stop signal or encountering obstacles on the level crossing.

Article 36. Stopping and Parking Trains Within Level Crossing Areas

1. In cases where trains must be stopped or parked on level crossings; trains must be coupled or uncoupled, or trains formed, the person in charge must take all measures to quickly clear traffic congestion on the road.

2. When parking trains on level crossings, the parking time shall not exceed three minutes on first and second-class level crossings, and five minutes on third-class level crossings; except for level crossings with specific regulations set by the Ministry of Transport.

 Section 4

CONSTRUCTION, RECONSTRUCTION, AND UPGRADE OF TEMPORARY LEVEL CROSSINGS

Article 37. Conditions for Construction, Reconstruction, and Upgrade of Level Crossings

1. Organizations proposing construction, reconstruction, or upgrade of level crossings must ensure funding for building, managing, and maintaining level crossings in accordance with the law.

2. The competent authority deciding on investment projects for constructing level crossing works must clearly define the funding for managing and maintaining level crossings.

3. For level crossings with a limited term of use, in addition to the conditions specified in Clauses 1 and 2 of this Article, when constructing, reconstructing, or upgrading level crossings, the following must be ensured:

a) The purpose of using the level crossing must be consistent with the temporary traffic organization plan approved by the competent authority.

b) The operational period for serving temporary traffic activities shall not exceed twenty-four months.

c) The level crossing management and usage entity commits to processing the procedures for abolishing the level crossing and dismantling the level crossing works, restoring railway infrastructure when the operational period expires.

Article 38. Conditions for Abolishing Railway Crossings

Conditions for abolishing railway crossings when the exploitation and usage period has expired or there is no longer a need for their exploitation and usage:

1. The organization proposing to abolish the railway crossing must ensure the funding source for organizing the abolition and restoring the initial state of the railway section within the railway crossing area in accordance with the provisions of the law.

2. The competent authority deciding on the abolition of the railway crossing must clearly determine the funding source for the abolition of the railway crossing.

3. For public railway crossings with long-term usage periods, in addition to the provisions of Clause 1 and Clause 2 of this Article, when abolishing the railway crossing, the following conditions must be ensured:

a) A traffic organization plan as an alternative when abolishing the railway crossing;

b) The proposal of the enterprise operating railway infrastructure;

c) The unified opinion of the road management agency;

d) The proposal of the People's Committee at the district level or higher where the railway crossing to be abolished is located.

 

  Chapter III

REGULATIONS ON CONSTRUCTION PERMITS

    Section 1

CONSTRUCTIONS TO BE CONSIDERED FOR CONSTRUCTION PERMITS AND PRINCIPLES FOR ISSUING AND EXTENDING CONSTRUCTION PERMITS

Article 39. Constructions Issued Construction Permits

1. Constructions specified in point b, Clause 2, Article 12 of the Law on Railways and the Decree stipulating the management and protection of railway infrastructure, including:

a) National defense and security constructions;

b) Traffic constructions: Bridges, overpasses, tunnels;

c) Water conservancy constructions: Irrigation culverts; water conveyance and transfer systems;

d) Energy constructions: Power poles, power transmission lines;

e) Technical infrastructure constructions: Water supply pipelines, drainage pipelines, telecommunications.

2. Railway crossing constructions built, renovated, or upgraded in compliance with Clauses 1, 2, and 3 of Article 37 of this Circular.

3. Constructions specified in Clause 1 of this Article, when being renovated or upgraded, must change their shape, size, load-bearing structure, or affect related railway constructions.

4. New construction permits for railway crossings organized with warning signs on national railways will not be issued.

Article 40. Principles for Issuing and Extending Construction Permits

1. Construction permits shall only be issued for constructions specified in Article 39 of this Circular.

2. Constructions granted construction permits must:

a) Be consistent with the planning approved by the competent authority. In cases where the proposed construction is not included in the planning as mentioned above, it must be approved to supplement the planning before issuing the permit;

b) The scale of the construction project and design documents have been approved by the competent authority;

c) Comply with technical standards and applicable standards;

d) Ensure the safety of the construction, railway traffic safety, environmental protection, and fire prevention and explosion prevention.

3. The construction time of the construction project granted a construction permit must be consistent with the overall progress of the project approved by the competent authority.

4. The location, scale of construction, construction organization plan, and measures to ensure the safety of the construction and railway traffic safety for constructions within the railway land area must be agreed upon and unified according to the provisions of this Circular between the competent authority issuing the construction permit and the enterprise operating railway infrastructure.

5. Constructions granted construction permits must be relocated promptly if required by the competent authority in accordance with the law.

6. Construction permits can only be extended during the validity period of the permit.

7. Railway crossing renovations and repairs included in the national railway infrastructure maintenance plan approved by the Ministry of Transport are exempt from construction permits.

Section 2

REGULATIONS ON PROCEDURES FOR ISSUING AND EXTENDING CONSTRUCTION PERMITS, RENOVATING AND UPGRADE OF RAILWAY CROSSINGS; DECISIONS ON ABOLISHING RAILWAY CROSSINGS

Article 41. Competence to issue, extend, revoke, annul construction permits for railway crossings; decide to abolish railway crossings

1. Vietnam Railway Administration:

a) Issue, extend, revoke, annul construction permits for building, reconstructing, upgrading railway crossings on national railways;

b) Decide to abolish railway crossings on national railways.

2. Vietnam Highway Administration:

a) Issue, extend, revoke, annul construction permits for building, reconstructing, upgrading railway crossings related to national highways;

b) Decide to abolish railway crossings related to national highways.

3. Department of Transport:

a) Issue, extend, revoke, annul construction permits for building, reconstructing, upgrading railway crossings related to provincial roads, district roads, commune roads, urban roads, and specialized roads within its jurisdiction;

b) Decide to abolish railway crossings related to provincial roads, district roads, commune roads, urban roads, and specialized roads within its jurisdiction.

4. The immediate superior authority of the issuing agency shall decide to revoke permits issued in violation of regulations.

Article 42. Documents for Application for Construction Permit for Railway Crossings

The documents for application for construction permit for railway crossings include:

1. Original Application Form for Construction Permit according to the model prescribed in Appendix 8 of this Circular.

2. Original or certified copy or uncertified copy accompanied by original for comparison of the following documents:

a) Decision approving the investment project for construction works;

b) Decision approving the technical design dossier or construction drawing dossier of the railway crossing works;

c) Technical design dossier or construction drawing dossier of the railway crossing works that have been approved.

3. Original or certified copy or uncertified copy accompanied by original for comparison of the construction organization plan and traffic safety measures during construction of the railway crossing works.

4. Original or certified copy or uncertified copy accompanied by original for comparison of the Decision approving the environmental impact assessment report in accordance with the laws on environmental protection.

Article 43. Procedure for Issuing Construction Permits for Railway Crossings

An organization that is the investor of the project, manager, or user of the railway crossing wishing to construct, reconstruct, or upgrade the railway crossing shall prepare one set of application documents and submit them directly, send through postal service, or send via the internet to the competent authority specified in Article 41 of this Circular.

1. In case of direct submission, the competent authority specified in Article 41 of this Circular shall be responsible for providing results on the completeness of the application documents on the day of submission.

2. In case of submission through postal service or via the internet, if the application documents are incomplete within two working days, the competent authority specified in Article 41 of this Circular shall notify in writing to guide the completion of the documents.

3. Within two working days from the date of receiving complete documents, the competent authority issuing the permit shall be responsible for sending the documents to relevant agencies and units for comments:

a) Rail infrastructure business enterprises, road management agencies (if related) for railway crossings on national railways;

b) Vietnam Highway Administration, Department of Transport (if related).

4. After receiving the document requesting comments from the construction permit issuing authority, within five working days, the organizations or entities requested to comment shall provide written responses. If they fail to respond within the time limit, it will be considered as approval and they shall bear responsibility for any consequences arising from non-response or delayed response.

5. Processing time for the documents: ten working days from the date of receipt of complete documents as prescribed.

6. Construction permit for railway crossings according to the model prescribed in Appendix 9 of this Circular. In case of refusal to issue the permit, a written response must be provided, stating the reasons.

7. In case of online processing, the project investor, manager, or user of the railway crossing wishing to construct, reconstruct, or upgrade the railway crossing shall prepare the application documents including electronic files containing scanned copies of the documents and materials prescribed in Article 42 of this Circular and submit them at the website address: https://dichvucong.mt.gov.vn.

Article 44. Documents for Requesting Abolition of Level Crossing

The documents for requesting abolition of level crossing include:

1. Original Application Form for Abolishing Level Crossing according to the model at Appendix 10 of this Circular.

2. Original or certified copy or uncertified copy accompanied by original for comparison of traffic organization plan and construction plan when abolishing level crossing.

3. Documents proving the reasons for abolishing level crossing.

Article 45. Procedure for Implementing Abolition of Level Crossing

The project investor organization, the management and user organization of level crossing that wishes to abolish level crossing shall prepare one set of application documents and submit them directly, send through postal service, or send via online environment to the competent authority as stipulated in Article 41 of this Circular.

1. In case of direct submission, the competent authority as stipulated in Article 41 of this Circular shall be responsible for providing results on the day of work regarding the components of the application documents for abolishing level crossing.

2. In case of submission through postal service or via the internet, if the application documents are incomplete within two working days, the competent authority specified in Article 41 of this Circular shall notify in writing to guide the completion of the documents.

3. Within two working days from the date of receiving complete documents as prescribed, the competent authority for abolishing level crossing shall be responsible for sending the documents to related agencies and units to seek opinions:

a) Railway infrastructure business enterprises, road administration agency (if relevant) for level crossings on national railways.

b) Railway special-purpose owner, road administration agency (if relevant) for level crossings on railway special purposes.

4. After receiving the opinion-seeking document from the competent authority for abolishing level crossing, within five working days, the agencies and organizations sought for opinions shall be responsible for replying in writing. If the organization sought for opinions does not provide a reply beyond the deadline, it will be considered as having approved and must bear responsibility for non-reply or delayed reply causing issues.

5. Time limit for processing the documents: seven working days from the date of receiving complete documents as prescribed.

6. Decision on Abolishing Level Crossing according to the model prescribed in Appendix 11 of this Circular. In case of not issuing a decision, there must be a written response stating the reasons.

7. In case of implementation via online environment, the project investor, management and user of level crossing wishing to abolish level crossing shall prepare the application documents including files containing scanned copies of the original documents and materials as stipulated in Article 44 of this Circular and perform on the website address: https://dichvucong.mt.gov.vn.

Article 46. Documents for Requesting Extension of Construction Permit, Renovation, and Upgrade of Level Crossing

The documents for requesting extension of construction permit, renovation, and upgrade of level crossing include:

1. Original Application Form according to the model at Appendix 12 of this Circular.

2. Original or certified copy or uncertified copy accompanied by original for comparison of documents proving the reasons for requesting extension; overall progress of the project approved by the competent authority.

Article 47. Procedure for Implementing Extension of Construction Permit, Renovation, and Upgrade of Level Crossing

The project investor organization, the management and user organization of level crossing that wishes to extend the construction permit, renovation, and upgrade of level crossing shall prepare one set of application documents and submit them directly, send through postal service, or send via online environment to the competent authority issuing the permit as stipulated in Article 41 of this Circular.

1. In case of direct submission, the competent authority as stipulated in Article 41 of this Circular shall be responsible for providing results on the day of work regarding the components of the application documents for extending the construction permit, renovation, and upgrade of level crossing.

2. In case of submission through postal service or via the internet, if the application documents are incomplete within two working days, the competent authority specified in Article 41 of this Circular shall notify in writing to guide the completion of the documents.

3. Time limit for processing the documents: three working days from the date of receiving complete documents as prescribed.

4. Decision on Extending the Construction Permit for Level Crossing according to the model prescribed in Appendix 13 of this Circular. In case of not issuing a decision, there must be a written response stating the reasons.

5. In case of implementation via online environment, the project investor, management and user of level crossing wishing to extend the construction permit, renovation, and upgrade of level crossing shall prepare the application documents including files containing scanned copies of the original documents and materials as stipulated in Article 46 of this Circular and perform on the website address: https://dichvucong.mt.gov.vn.

6. Each Permit can only be extended once and the extension period shall not exceed twelve months while also not exceeding the project implementation time already approved by the competent authority.

Section 3

REGULATIONS ON PROCEDURES FOR ISSUING AND EXTENDING CONSTRUCTION PERMITS FOR CONSTRUCTIONS WITHIN THE RAILWAY RIGHT-OF-WAY

Article 48. Competence to issue, extend, revoke, and cancel construction permits for essential works within railway land areas

1. The Vietnam Railway Administration shall issue, extend, revoke, and cancel construction permits for essential works within national railway land areas.

2. Authorities at the provincial level, based on their delegated powers, shall implement the issuance, extension, revocation, and cancellation of construction permits for essential works within urban railway land areas.

Article 49. Documents for Application for Construction Permit for Essential Works within Railway Land Areas

The application documents for construction permit for essential works within railway land areas include:

1. Original Application Form for Construction Permit according to the model prescribed in Appendix 14 of this Circular.

2. Original or certified copy or uncertified copy accompanied by the original for comparison: Decision approving the project or document assigning the investor's task.

3. Original or certified copy or uncertified copy accompanied by the original for comparison: Decision approving the technical design or construction drawing; photographs of the current status (for renovation and upgrading works).

4. Original or certified copy or uncertified copy accompanied by the original for comparison: Technical design or construction drawing documents that have been approved.

5. Original or certified copy or uncertified copy accompanied by the original for comparison: Legal documents from competent state management agencies determining that the work cannot be located outside the railway land area: Planning documents approved by authorized authorities or agreements of county-level people's committees or higher related to the construction of works within railway land areas.

6. Original or certified copy or uncertified copy accompanied by the original for comparison: Overall project progress plan approved by authorized authorities.

7. Original or certified copy or uncertified copy accompanied by the original for comparison: Construction organization plan and measures to ensure traffic safety and construction safety during implementation.

8. Original or certified copy or uncertified copy accompanied by the original for comparison: Decision approving the environmental impact assessment report in accordance with laws on environmental protection.

Article 50. Procedure for Issuing Construction Permits for Essential Works within Railway Land Areas

An organization that is the project investor and has a need to construct works within railway land areas shall prepare one set of application documents, submit the documents directly, send them via postal service, or transmit them through an online environment to the authority specified in Article 48 of this Circular.

1. In case of direct submission, the authority specified in Article 48 of this Circular shall be responsible for providing the result on the completeness of the application documents for construction permit on the same working day.

2. In case of submission via postal service or through an online environment, if the application documents are not complete as required, within two working days, the authority specified in Article 48 of this Circular shall notify in writing to guide the completion of the documents.

3. Within two working days from the date of receiving complete documents as required, the authority issuing the construction permit shall be responsible for sending the documents to relevant agencies and units to seek opinions:

a) Railway infrastructure business enterprises when constructing works within national railway land areas;

b) Urban railway business enterprises and specialized agencies under the delegation of provincial-level people's committees when constructing works within urban railway land areas.

4. After receiving the opinion solicitation document from the authority issuing the construction permit, within five working days, the agency or organization solicited for opinions shall provide a written response. If the organization solicited for opinions does not provide a written response beyond the deadline, it will be considered as having agreed and shall bear responsibility for the consequences arising from non-response or delayed response.

5. Processing time for the documents: ten working days from the date of receipt of complete documents as prescribed.

6. Construction permit according to the model prescribed in Appendix 15 of this Circular. In case of not issuing a decision, there must be a written response stating the reasons.

7. In case of implementation through an online environment, the project investor who needs to construct essential works within railway land areas shall prepare the application documents including electronic files containing scanned copies of the documents and materials stipulated in Article 49 of this Circular and perform on the website address: https://dichvucong.mt.gov.vn.

8. The owner of dedicated railways decides the procedure for issuing construction permits for works within dedicated railway land areas.

Article 51. Documents for Requesting Extension of Construction Permit for Essential Works within Railway Land

The documents for requesting extension of construction permit for essential works within railway land include:

1. Original Application Form according to the model at Appendix 16 of this Circular.

2. Original or certified copy or uncertified copy accompanied by original for comparison of documents proving the reasons for requesting extension; overall progress of the project approved by the competent authority.

Article 52. Procedure for Implementing Extension of Construction Permit for Essential Works within Railway Land

An organization that is the project investor and requests extension of construction permit for essential works within railway land shall prepare one set of application documents and submit them directly, send them via postal service, or send them through the online environment to the authority issuing the permit as stipulated in Article 48 of this Circular.

1. In case of direct submission, the competent authority as stipulated in Article 48 of this Circular shall be responsible for providing the result on the day of work regarding the components of the application documents for extending the construction permit for essential works within railway land.

2. In case of submission via postal service or through an online environment, if the application documents are not complete as required, within two working days, the authority specified in Article 48 of this Circular shall notify in writing to guide the completion of the documents.

3. Time limit for processing the documents: three working days from the date of receiving complete documents as prescribed.

4. Decision on extending the construction permit according to the model prescribed in Appendix 17 of this Circular. In case of not issuing the decision, there must be a written response stating the reasons.

5. In case of implementation through the online environment, the project investor who requests extension of construction permit for essential works within railway land shall prepare the application documents including a file containing scanned copies of the original documents and materials as stipulated in Article 51 of this Circular and implement it at the website address: https://dichvucong.mt.gov.vn.

6. Each Permit may only be extended once, with the extension period not exceeding 12 months and simultaneously not exceeding the implementation time of the project approved by the competent authority.

7. The owner of dedicated railway decides on the procedure for implementing the extension of construction permit for essential works within dedicated railway land.

Section 4

REVOCATION AND CANCELLATION OF CONSTRUCTION PERMIT FOR RAILWAY CROSSINGS AND CONSTRUCTION PERMIT FOR WORKS WITHIN RAILWAY LAND

Article 53. Revocation of Construction Permit for Railway Crossings and Construction Permit for Works within Railway Land

Cases where the construction permit for railway crossings, improvement, upgrading of railway crossings; construction permit for works within railway land (hereinafter referred to as the permit) will be revoked:

1. The permit was issued incorrectly according to the provisions of the law.

2. The project investor organizes implementation or directly implements construction activities not in accordance with the contents of the permit. Within more than 1/3 of the construction time specified in the permit from the date when the competent state agency discovers and requests rectification but the investor has not completed the rectification of violations as required.

3. The project investor violates the provisions of the law on management and protection of railway transportation infrastructure, railway traffic safety, and environmental protection in the construction area.

4. After 12 months from the date of issuance of the permit, the investor has not commenced construction of the work.

Article 54. Cancellation of Construction Permit for Railway Crossings and Construction Permit for Works within Railway Land

After 10 working days from the date of the decision to revoke the permit by the competent authority for the cases stipulated in Article 53 of this Circular, if the investor does not return the permit to the issuing authority, the issuing authority or the competent authority shall issue a decision to announce the cancellation of the permit and simultaneously notify relevant units about the implementation of the permit.

Chapter IV

RESPONSIBILITIES OF ORGANIZATIONS INVOLVED IN THE MANAGEMENT, EXPLOITATION, USE, CONSTRUCTION, IMPROVEMENT, UPGRADE, ABANDONMENT OF RAILWAY CROSSINGS AND CONSTRUCTION OF WORKS WITHIN RAILWAY LAND

Article 55. Vietnam Railway Administration

1. Fulfill the responsibilities of the specialized state management agency for railways in managing railway crossings on national railways and constructing works within the land allocated for national railways.

2. Organize inspections and supervision of the implementation of management, maintenance, and protection of railway crossings on national railways by infrastructure business enterprises in accordance with this Circular.

3. Fulfill the responsibilities of the competent authority for issuing construction permits in accordance with the laws on construction.

Article 56. Vietnam Highway Administration

For public railway crossings on dedicated railways related to national highways:

1. Manage and maintain the operational status of highway works outside the railway crossing area; the field of vision of road traffic vehicle drivers.

2. Organize inspections and supervision of the implementation of management, maintenance, and protection of railway crossings by the owners of dedicated railways in accordance with this Circular.

3. Fulfill the responsibilities of the competent authority for issuing construction permits in accordance with the laws on construction.

Article 57. Local Road Management Agencies

1. Implement according to the classification and authorization of the provincial People's Committee to manage public railway crossings on dedicated railways related to provincial roads, district roads, commune roads, and urban roads under their jurisdiction:

a) Organize inspections and supervision of the implementation of management, maintenance, and protection of railway crossings by the owners of dedicated railways in accordance with this Circular;

b) Coordinate with infrastructure business enterprises or managers and users of dedicated railways, local authorities to dismantle railway crossings without construction permits; clear the traffic safety zone at the railway crossing area;

c) Fulfill the responsibilities of the competent authority for issuing construction permits in accordance with the laws on construction.

2. Manage and maintain the operational status of highway works outside the railway crossing area; the field of vision of road traffic vehicle drivers for public railway crossings related to provincial roads, district roads, commune roads, and urban roads under their jurisdiction.

Article 58. People's Committees at all levels

1. Organize propaganda and education for the people; organize prevention, interception, and timely handling of violations of railway traffic safety zones.

2. Manage land within the railway traffic safety zone and the railway crossing traffic safety zone in accordance with the Law on Railways and the Decree stipulating the management and protection of railway transportation infrastructure.

3. Coordinate with road management agencies, infrastructure business enterprises, managers and users of railway crossings in matters of:

a) Inspecting railway crossings to propose competent authorities to implement improvements, upgrades, or abolition of railway crossings in accordance with this Circular;

b) Proposing appropriate forms of railway crossing protection in accordance with this Circular.

4. Take the lead and coordinate with the Vietnam Railway Administration, Vietnam Highway Administration, infrastructure business enterprises, managers and users of railway crossings, and local road management agencies in implementing clearance of railway crossing traffic safety zones within their jurisdiction.

5. Fulfill the responsibilities of the competent authority for issuing construction permits in accordance with the laws on construction.

Article 59. Railway Infrastructure Business Enterprises Operating Railway Structures

1. Within five working days from the date of completion acceptance of railway crossings on national railways, the railway infrastructure business enterprises shall take over the railway crossings and put them into operation.

2. Manage, maintain, and keep the state of operation of public railway crossings on national railways in accordance with Clauses 1, 2, 3, and 4 of Article 30 of this Circular.

3. Allocate staffing for railway crossing guards at public railway crossings on national railways.

4. Annually lead and coordinate with road management agencies and local authorities to inspect, develop repair plans for public railway crossings on national railways, and propose to competent state agencies regarding the renovation, upgrading, or changing the form of protection for public railway crossings on national railways in compliance with this Circular.

5. Regularly inspect, promptly identify, and coordinate with local authorities to clear traffic safety zones at railway crossings on national railways.

6. Lead and coordinate with local authorities to organize enhanced surveillance to ensure traffic safety at dangerous public railway crossings on national railways.

7. Establish records for managing public railway crossings on national railways as stipulated in Article 29 of this Circular.

8. Require project investors and construction units building railway crossings and essential structures within the scope of land allocated for national railways to strictly adhere to the contents of issued permits, safety assurance plans for projects, traffic safety, and environmental protection during construction. In case of potential safety risks during construction, request the project investor to temporarily halt construction to address the issues; report to the issuing authority for handling according to regulations.

9. Hand over construction sites, participate in the final acceptance of railway crossing construction projects and construction projects within the scope of land allocated for national railways; receive completion files to support management and maintenance activities as prescribed.

10. When the usage period of railway crossings expires, lead and coordinate with the managers and users of railway crossings, local authorities to organize inspections, and propose to the competent authority specified in Article 41 of this Circular to process the cancellation of railway crossings.

11. Lead and coordinate with the managers and users of railway crossings and local authorities to fence off, dismantle railway crossings, and restore railway infrastructure after receiving the decision to cancel railway crossings.

12. Implement statistical reporting systems to the Vietnam Railway Corporation

a) Content of reports on the use, operation, and protection of assets of railway crossings, management records of railway crossings as prescribed in this Circular for railway crossings on national railways; construction works within the scope of land allocated for national railways;

b) Submission periods from March 15 to March 31 each year or ad hoc as required;

c) Reporting forms prescribed in Appendix 7 of this Circular.

Article 60. Manager and User of Dedicated Railway Crossing

1. Manage, maintain, organize protection, and keep the technical condition of the railway crossing construction within their management and usage scope throughout the operation period in accordance with this Circular.

2. Allocate staffing for guarding the railway crossings under their management and usage.

3. Take timely measures to ensure safety of the railway crossing constructions under their management and usage, and traffic safety when damage is detected.

4. Establish records for managing railway crossings under their management and usage in accordance with Article 29 of this Circular.

Article 61. Owner of Dedicated Railway

1. For public railway crossings on dedicated railways

a) Manage, maintain, organize protection, and keep the technical condition of the railway crossing construction within their management scope throughout the operation and usage period in accordance with this Circular;

b) Allocate staffing for guarding the railway crossings;

c) Participate in opinions and bear legal responsibility for the contents of the opinions they have contributed regarding the construction, renovation, and upgrading of railway crossings;

d) Within five working days from the date of completion acceptance of the railway crossing construction, issue a decision allowing the railway crossing construction to be put into operation and usage;

đ) Establish records for managing railway crossings in accordance with Article 29 of this Circular.

2. Decide on the construction, renovation, and upgrading of dedicated railway crossings on dedicated railways; construct works within the land reserved for dedicated railways.

Article 62. Project Investor of Railway Crossing Construction Projects and Essential Works Constructed within Land Reserved for Railways

1. Before approving the investment project for construction, the project investor must agree on the location and scale of the construction project with the competent authority issuing permits as stipulated in Articles 41 and 48 of this Circular.

2. Prior to commencing construction, the project investor must agree on the construction organization plan, the time for road closure during construction, and traffic safety measures with the following organizations:

a) Railway infrastructure business enterprises concerning national railway works and land reserved for national railways;

b) Urban railway business enterprises concerning urban railway works and land reserved for urban railways;

c) Dedicated railway owners concerning dedicated railway works and land reserved for dedicated railways;

d) Relevant road administration agencies.

3. Complete handover procedures for the construction site before starting construction.

4. After completing construction, hand over the site and completion records to the organizations specified in Clause 2 of this Article.

5. Maintain a stable technical condition and ensure funding for management and maintenance of the works within the land reserved for railways.

6. Ensure safety of the works, railway transportation safety, and environmental protection throughout the construction process; maintain the works during operation; take timely reinforcement measures to ensure safety of the works and railway transportation safety upon discovering or receiving reports of work damage.

7. Move or renovate the works and not claim compensation when required by the competent authority in accordance with the law; demolish the works when the usage period expires (for works with a usage period recorded in the construction permit).

8. Compensate for losses caused by their own fault in accordance with the law.

9. Fulfill the rights and obligations of the applicant for a construction permit in accordance with the law on construction.

Chapter V

IMPLEMENTING PROVISIONS

Article 63. Effective Date

1. This Circular takes effect from July 1, 2018.

2. Circular No. 62/2015/TT-BGTVT dated November 4, 2015, issued by the Minister of Transport on railway crossings, and Circular No. 80/2015/TT-BGTVT dated December 11, 2015, issued by the Minister of Transport on the issuance of permits related to construction activities within the protected area of railway works shall cease to be effective from the date this Circular takes effect.

Article 64. Transitional Provisions

1. For existing railway crossings currently organized with warning signs on national railways, gradually transition to other forms of protection according to priority order to enhance traffic safety. Until such transition is made, railway management and business enterprises or managers and users of dedicated railway crossings must organize guards at black spots or potential accident points where traffic accidents are likely to occur.

2. For existing railway crossings that do not meet the requirements stipulated in Clause 3, Article 6 of this Circular, when renovating or upgrading, the project investor must renovate the road to ensure the intersection angle as prescribed or replace it with a different level intersection. During the period before renovation and upgrading, measures must be taken to ensure traffic safety for people and vehicles passing through the railway crossing.

3. For existing railway crossings located in densely populated cities, towns, or districts where the distance between two railway crossings is less than 500 meters (m) or in other places where the distance between two railway crossings is less than 1,000 meters (m), when renovating or upgrading, the project investor must gradually build bypass roads to reduce the number of railway crossings or replace them with different level intersections.

4. For existing automatic warning railway crossings, gradually install automatic barriers to enhance traffic safety.

Article 65. Responsibility for Implementation

The Head of the Ministry's Office, the Inspector General of the Ministry, Heads of Departments, Directors of the Vietnam Highway Administration, Director of the Vietnam Railway Administration, Directors of Transportation Departments of provinces and centrally-administered cities, Heads of relevant agencies, organizations, and individuals are responsible for implementing this Circular./.