Circular No. 26/2018/TT-BGTVT stipulates the conditions, procedures, and formalities for connecting urban rail lines and dedicated rail lines with national railways; the connection of urban rail lines.

 CIRCULAR
Article 24stipulates the conditions, procedures, and formalities for implementing rail connections between urban railway lines and dedicated railways with national railways; rail connections among urban railway lines.
dedicated railway lines with the national railway; the track connection of routes
urban railway lines 

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 issues this Circular to stipulate the conditions, procedures, and formalities for implementing rail connections between urban railway lines and dedicated railways with national railways; rail connections among urban railway lines.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates the conditions, procedures, and formalities for implementing rail connections between urban railway lines and dedicated railways with national railways; rail connections among urban railway lines.

Article 2. Applicability

This Circular applies to organizations and individuals involved in rail connections between urban railway lines and dedicated railways with national railways and rail connections among urban railway lines.

Article 3. Explanation of Terms

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

1. Rail connection between urban railway lines, dedicated railways with national railways, and urban railway lines with urban railway lines (hereinafter referred to as rail connection among railway lines) is the act of connecting railways, information and signaling systems serving railway traffic management, traction power systems, and other auxiliary facilities between urban railway lines, dedicated railways with national railways or urban railway lines with urban railway lines to allow trains to run from urban railway lines, dedicated railways into national railways or from one urban railway line to another urban railway line and vice versa.

2. The connection area is the scope limited by the railway section (including railway stations) and land reserved for urban railways, dedicated railways, and national railways adjacent to the connection location.

Article 4. Principles of Connection

1. The connection and connection locations of railway lines must be consistent with the railway planning and socio-economic development planning of the locality where the connection location is situated, which have been approved by competent authorities.

2. Railway line operations after connection must ensure efficiency, creating more impetus for development than before connection; ensuring synchronization, safety, national defense, security, fire prevention, rescue, urban landscape, and environmental protection.

3. Railway line connections shall not affect the operation, exploitation, and traffic safety of related railway lines.

4. Traffic management on railway lines after connection must comply with the provisions of the Railway Law and shall be carried out as follows:

a) The enterprise operating the national railway infrastructure shall take the lead, coordinate, and unify with the owner of the dedicated railway or the enterprise operating the urban railway when connecting with the national railway;

b) The enterprise operating the urban railway on the urban railway line that will be connected shall take the lead, coordinate, and unify with the enterprise operating the urban railway on the urban railway line requiring connection.

6. In cases where it is necessary to connect urban railway lines to share infrastructure or temporarily connect for rescue and emergency purposes, the provincial People's Committee decides on each specific case.

7. In cases where urban railway lines implemented by a single investor have plans for through train operations, synchronized technical and technological designs, and are consistent with the connection policy approved by the Chairman of the provincial People's Committee, they are exempted from obtaining a connection permit.

Article 5. Conditions for Connection

1. The connection of railway lines must be permitted by the competent authority and can only be implemented when there is a connection permit as stipulated in this Circular.

2. The technical standards, regulations, and technology applied to the railway line requiring connection must be compatible with the technical standards, regulations, and technology applied to the railway line to be connected.

3. The gauge limit of locomotives and carriages and the train load capacity when operating from the railway line requiring connection to the railway line to be connected shall not exceed the gauge limit of locomotives and carriages and the permissible load capacity for each section, sub-section, and railway line to be connected as prescribed in the national technical standard on railway operation and published load limits.

4. The connection of urban railway lines shall only be carried out for lines that are uniform in technical standards, regulations, and technology applied in infrastructure construction, maintenance, and train manufacturing while ensuring continuous, smooth, safe, and efficient train operation management.

Article 6. Content of Railway Line Connection

1. Technical connection between railway lines includes:

a) Connection of railway works, communication systems, traffic signals, and traction power systems;

b) Connection of traffic control centers of railway lines to ensure unified and centralized traffic operation management on the connected railway line;

c) Spatial and technical connection with adjacent works at the connection point to ensure synchronization according to planning.

2. Uniform organization plan for train operation on the connected railway line to ensure uninterrupted, safe railway transportation operations, national defense, security, and environmental protection.

Chapter II
PROCEDURE FOR CONNECTION OF RAILWAY LINES; REVOCATION,
CANCELLATION OF CONNECTION PERMITS

2. Provincial People's Committees managing urban railways approve connection proposals, issue connection permits, extend, revoke, cancel connection permits, extend the operational period of time-limited connections, and decide to terminate connections for:

a) Urban railway lines within their jurisdiction;

b) Urban railway lines crossing administrative boundaries of two or more provinces where the connection location is within their jurisdiction.

Article 8. Procedure for Approval of Connection Proposals

1. The application dossier includes:

a) A proposal document for approval of connection proposals in accordance with the model specified in Appendix 1 of this Circular;

b) Urban railway line or dedicated railway line construction plans proposed for connection, approved by the competent authority;

c) Layout map of the connection area;

d) Cross-section and longitudinal profile of the railway in the connection area;

đ) Technical connection plan: railway; communication and signaling systems in the connection area; traffic control center; spatial and technical connection with related works at the connection point.

2. Procedures for Implementation

a) Organizations or individuals requiring railway line connection submit one set of application documents for approval of connection proposals directly or through postal services to the authority responsible for approving connection proposals as stipulated in Article 7 of this Circular;

b) The authority responsible for approving connection proposals receives and reviews the application documents. In cases where the documents are incomplete, they must provide guidance to organizations or individuals to complete the documents within two working days from the date of receipt.

3. Processing time: Within ten working days from the date of receiving complete documents as required, the authority responsible for approving connection proposals shall issue a document approving the connection proposal. If the proposal is not approved, the reasons must be clearly stated in writing.

The document approving the connection proposal shall be in accordance with the model specified in Appendix 5 of this Circular.

Article 9. Procedure for Issuing Connection Permit

a) Application for issuing a rail connection permit from the project investor according to the form prescribed in Appendix 2 of this Circular;

b) Copies of the following documents:

Investment Decision on Connecting Railway Lines Projects;

Technical design documents, construction drawings of works at Point d Clause 1 Article 8 of this Circular and environmental protection, fire prevention documents approved along with the Decision approving them in accordance with the law;

Construction organization plan for connecting works at Point d Clause 1 Article 8 of this Circular and measures to ensure construction safety, environmental protection, and fire prevention in the connection area;

Operation organization plan for trains on the connected railway line and traffic safety solutions after connection.

a) Organizations or individuals requiring connection of railway lines submit one set of application documents for connection permit directly or send through postal service to the authority issuing connection permits as stipulated in Article 7 of this Circular;

b) The authority issuing connection permits receives and examines the application documents. In case the documents are incomplete according to regulations, within no more than two working days from the date of receiving the documents, it must issue a written guide for organizations or individuals to complete the documents.

3. Time limit for processing applications: ten working days from the date of receiving complete application documents as prescribed by the authority issuing connection permits. In case of refusal to issue a permit, a written statement specifying the reasons must be issued.

Connection permit in the form prescribed in Appendix 6 of this Circular.

4. After completing the connection, the authority issuing connection permits decides to announce and adjust the railway system in accordance with the Railway Law.

Article 10. Procedures for Extending Connection Permits and Terminating Connections

1. Extension of connection permit means prolonging the time beyond that specified in the issued permit in the following cases:

a) Extension of construction time when organizations, individuals, or owners of railway works require extension due to inability to complete the connection within the permitted time due to planning adjustments or project changes directly affecting the connection, natural disasters, environmental incidents, enemy attacks, fires, or other force majeure factors;

b) Extension of operation and usage time when organizations, individuals, or owners of connected railway works require continued operation and usage after the permitted time due to financial and socio-economic benefits if the connection continues to be operated and used.

2. Termination of connection when organizations, individuals, or owners of connected railway works no longer need the connection.

a) Application documents for extending construction time include: the extension request form of the investor in the format prescribed in Appendix 3 of this Circular; copies of legal documents proving the reasons for requesting extended construction time under the permit and the overall progress of the approved project;

b) Application documents for extending operation and usage time include: the extension request form of the investor in the format prescribed in Appendix 3 of this Circular; copies of legal documents proving the reasons for requesting extended operation and usage time under the permit;

c) Application documents for terminating connection include: the termination request form of organizations or individuals in the format prescribed in Appendix 4 of this Circular; construction organization plan upon termination of connection.

a) Organizations, individuals, or owners of railway works who have been granted connection permits and wish to extend the permit or terminate the connection as stipulated in Clause 1 and Clause 2 of this Article must prepare one set of application documents for extending the connection permit or terminating the connection, submit directly or send through postal service to the authority issuing connection permits as stipulated in Article 7 of this Circular;

b) The authority issuing connection permits receives and examines the application documents. In case the documents are incomplete according to regulations, within no more than two working days from the date of receiving the documents, it must issue a written guide for organizations or individuals to complete the documents.

a) Decision on extension in the form prescribed in Appendix 7 of this Circular;

Each permit may only be extended once;

The extension period for construction connection shall not exceed twelve months and shall not exceed the implementation time of the project approved by the competent authority;

The extension period for operation and usage of connection shall not exceed twelve months and shall not exceed the permitted operation and usage time specified in the issued permit;

b) Decision to terminate connection in the form prescribed in Appendix 8 of this Circular.

6. After extending the usage time of connection with a term and completing the termination of connection, the authority issuing connection permits decides to announce and adjust the railway system in accordance with the Railway Law.

Article 11. Revocation and cancellation of connection permits

1. Cases where connection permits are revoked or cancelled:

a) The permit was issued not in accordance with the provisions of the law;

b) The project investor organizes the implementation or directly carries out construction work that does not comply with the contents of the permit. Within a period exceeding one-third of the construction time specified in the permit from the date the competent state agency discovers and requests in writing but the investor has not yet completed the rectification of violations according to the requirements;

c) The project investor violates the provisions of the law on management and protection of railway infrastructure, railway traffic safety, fire prevention, and environmental sanitation in the connection area;

d) After twelve months from the date of issuance of the permit, the investor has not commenced construction work for connection.

2. The issuing authority or the competent authority deciding to revoke or cancel the permit shall simultaneously notify relevant units about the implementation of the permit.

Chapter III
RESPONSIBILITIES OF ORGANIZATIONS AND INDIVIDUALS INVOLVED
IN THE CONNECTION OF RAILWAY LINES

Article 12. For the Vietnam Railway Administration

1. Perform the tasks of the specialized state management agency in the connection of railway lines.

2. Take the lead and coordinate with related agencies and units to inspect the implementation in accordance with the contents of the permit for connecting urban railways and dedicated railways with national railways.

Article 13. For the specialized agency entrusted by the provincial People's Committee to manage urban railways

1. Carry out the tasks of managing urban railways as prescribed by the provincial People's Committee.

2. Take the lead and coordinate with related agencies and units to inspect the implementation in accordance with the contents of the permit for connecting urban railway lines within its jurisdiction.

Article 14. National railway infrastructure enterprises, urban railway enterprises

1. Have the responsibility to provide opinions when requested and bear legal responsibility for the contents of the opinions provided.

2. Before commencing the connection works:

a) Agree with organizations or individuals requesting connection on the construction organization plan, measures to ensure traffic safety, environmental protection, fire prevention, construction time, and service shutdown time during connection with railway lines under their management authority. Within fifteen days from the date of receipt of the request, issue a unified document or a document clearly stating the reasons for disagreement and send it to the requesting organization or individual;

b) Hand over the site to the organization or individual requesting connection.

3. During the construction period: Inspect, urge, and require organizations or individuals requesting connection to implement the contents of the issued connection permit, safety plans for the works, traffic safety, and environmental protection. In case of discovering potential safety risks during construction, propose that the project investor temporarily halt construction to take corrective measures; report to the issuing authority for handling in accordance with regulations.

4. After completion of the works: Participate in acceptance, reclaim the site and completion documents of the works in the connection area for management, monitoring, and exploitation in accordance with regulations.

5. Take the lead and coordinate with organizations or individuals having newly connected railways to ensure the connection principles stipulated in Article 4 of this Circular.

Article 15. Organizations and individuals wishing to connect railway lines

1. Prior to approving the investment project for construction works, they must comply with the provisions of Clause 1 and Point a, Clause 2 of Article 8 of this Circular to obtain approval for the connection proposal.

2. They shall carry out procedures as prescribed in Articles 9 and 10 of this Circular to obtain, extend, or revoke the connection permit.

3. Before commencing construction of the connection works:

a) Coordinate with the enterprise mentioned in Article 14 of this Circular regarding the construction organization plan, traffic safety measures, environmental protection, fire prevention and explosion control, construction duration, and traffic closure time for construction when connecting to the railway line;

b) Accept the site to implement the connection according to the permit.

4. During the construction of the connection works:

a) Fully implement all contents stipulated in the connection permit;

b) Ensure the safety of the works, railway transportation safety, and environmental protection throughout the construction period.

5. After completing the connection works, hand over the site and completion documents of the works in the connection area to the enterprise mentioned in Article 14 of this Circular for management, monitoring, and exploitation as prescribed.

6. Cooperate with the enterprise mentioned in Article 14 of this Circular to ensure the connection principles prescribed in Article 4 of this Circular.

7. Maintain a stable technical condition and ensure funding for managing and maintaining the works and equipment in the connection area. Take immediate reinforcement measures to ensure the safety of the works and railway transportation safety upon discovering or receiving reports of damage to the works.

8. Independently relocate the connection position or renovate the works in the connection area without seeking compensation when requested by the competent authority; independently dismantle the connection and bear all dismantling costs when the connection's usage period expires. Compensation must be provided if damage is caused to the railway works or railway transportation safety as prescribed by law.

Chapter IV
IMPLEMENTING PROVISIONS

Article 16. Effective Date

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

2. Circular No. 05/2011/TT-BGTVT dated February 22, 2011, issued by the Minister of Transport guiding the connection of urban rail lines and dedicated rail lines to the national railway line, ceases to be effective from the date this Circular takes effect.

Article 17. Implementation Organization

The Director of the Ministry’s Office, the Inspector General of the Ministry, Heads of Departments, Directors of the Vietnam Railway Administration, Heads of agencies, organizations, and individuals concerned are responsible for implementing this Circular./.