Circular No. 29/2023/TT-BGTVT on railway crossings and issuing construction permits for essential works within railway land areas

CIRCULAR

Regulations on level crossings and construction permits for essential works within railway land areas

thiết yếu trong phạm vi đất dành cho đường sắt ||| Essential within the scope of land allocated for railway

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Pursuant to the Railway Law dated June 16, 2017;

BASED ON THE DECREE NO. 56/2022/ND-CP dated August 24, 2022 of THE GOVERNMENT stipulating the functions, tasks, powers, and organizational structure of THE MINISTRY OF TRANSPORT;

At the proposal of the Director of the Infrastructure Structure Department and the Director General of the Vietnam Railway Administration;

The Minister of Transport issues this Circular to regulate level crossings and construction permits for essential works within railway land areas.

 

Chapter I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates regulations on level crossings (excluding: shared bridges for railways and roads; places where railways intersect with dedicated roads serving operations at stations, ports, cargo yards, factories, enterprises, industrial zones); traffic at level crossing areas; issuance, extension, renovation, upgrading, and revocation of level crossing construction permits on national railways and dedicated railways; issuance, extension of construction permits for essential works within railway land areas.

Article 2. Applicability

This Circular applies to organizations and individuals related to:

1. Construction, renovation, upgrading, abolition, management, use, and maintenance of level crossings.

2. Traffic activities at level crossing areas.

3. Construction of essential works within railway land areas.

Article 3. Explanation of Terms

2. Dedicated level crossing is a section of a 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 protected by organizing guards.

4. Level crossing without guard is a level crossing protected by automatic warning systems or signs.

5. Automatic warning level crossing is a level crossing equipped with automatic warning signals, with or without automatic barriers.

6. Signage level crossing is a level crossing equipped with various warning signs.

7. Long-term level crossing is a level crossing without a limited operating period from the date of permission granted by competent authorities.

8. Time-limited level crossing is a level crossing only allowed to operate for a specific period as permitted by competent authorities.

Level crossing barrier is a barrier or gate installed within the level crossing area to prevent people, vehicles, and other objects from passing through the railway during a specified time.

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

Speed bump is a type of road marking, not exceeding six millimeters (mm) in thickness, designed to warn drivers (through slight impact on vehicles) about dangerous positions ahead, requiring reduced speed and careful observation to ensure traffic safety.

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

Chapter II

REGULATIONS ON LEVEL CROSSINGS

Article 4. Scope and area of railway crossings

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

a) For the road section, it includes the land allocated for roads within the safety zone of railway traffic and the protection zone of railway works;

b) For the railway section, it includes the land allocated for railways 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 by laws on the management and protection of railway 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 protective organization form: manned railway crossings; unmanned railway crossings;

c) By service nature: public railway crossings; dedicated railway crossings.

2. Railway crossings are classified into Class I, Class II, and Class III according to the provisions in Appendix I of this Circular.

Article 6. Position and angle of intersection of railway crossings

1. For new railway crossings:

a) Railway crossings must be located on straight sections of railway tracks. In exceptional cases where they must be placed on curved sections, they can only be placed on circular curves with a minimum radius of 300 meters (m) and not on transition curves;

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

d) Railway crossings must be located outside the approach signal of the station; the nearest position of the railway crossing must be at least 3.5 meters (m) away from the approach signal of the station;

đ) The angle of intersection between railway tracks and roads must be a right angle (90°). In difficult terrain conditions, the angle of intersection must not be less than 45° and must ensure visibility as prescribed by laws on the management and protection of railway infrastructure;

e) In cases where new railway crossings do not comply with one or more conditions stipulated in points a, b, c, d, đ of this Clause, when proposing approval for the construction of railway crossings, the project investor must clarify the site conditions, financial resources, ensuring compliance with approved planning, meeting the socio-economic development needs of the locality.

2. For existing railway crossings that do not meet the requirements set out in point a, point b, point c, point d, point đ of Clause 1 of this Article:

a) During operation and use, railway infrastructure business enterprises (for public railway crossings on national railways), owners of dedicated railways (for public railway crossings on dedicated railways), managers and users of dedicated railway crossings (for dedicated railway crossings), agencies authorized by the People's Committee of the province and the Vietnam Railways Corporation shall implement measures to ensure traffic safety at dangerous locations as prescribed in Article 9 of Decree No. 65/2018/NĐ-CP dated May 12, 2018 of the Government detailing certain provisions of the Law on Railways;

b) When renovating and upgrading railway crossings, the project investor must fully arrange the railway crossing protection system and gradually improve at least one technical factor of the road passing through the railway crossing regarding alignment, intersection angle, and longitudinal profile.

Article 7. Railways within the scope of level crossings

1. Technical requirements: The structure of the level crossing surface must be laid with guard rails or other structures to create a clearance between the main rail and the guard rail or between the main rail and such structure (hereinafter referred to as rail gap) that meets the following requirements:

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

b) Width of the rail gap: For level crossings on straight roads or curves with a radius of 500 meters (m) or more: the rail gap is 75 millimeters (mm); for level crossings on curves with a radius less than 500 meters (m): the rail gap is 75 millimeters (mm) plus half the widening of the curve according to the National Technical Regulations for Railway Operation;

c) Depth of the 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 the rail gap; 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 consists of interlocking plates, the edge of the plate adjacent to the main rail must have a special construction to create the rail gap;

e) In cases where guard rails are installed as specified in point a of this Clause, the ends of the guard rails must be bent towards the inside of the railway; the length of the bent part of the guard rail is 500 millimeters (mm), the rail gap at the start of the bend is as specified in point b of this Clause, and the rail gap at the end of the guard 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 tie;

g) No rail joints shall be placed within the scope of the level crossing. In cases where the road at the level crossing is wide, the rail joints must be welded together; if welding is not possible, the rails must be forced together to burn the joint;

h) All accessories connecting the rails must be complete and securely fastened.

2. Material requirements:

a) The ties placed within the scope of the level crossing must be reinforced concrete ties; the use of steel ties or wooden ties within the scope of existing level crossings should be limited; new level crossings must not use steel ties or wooden ties;

b) The crushed stone base at the level crossing must be clean, sufficiently thick, and meet the prescribed standards;

c) The use of materials for installing level crossings must comply with the standards for materials used in railway construction projects.

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 technical standards corresponding to the road grade and the following provisions:

1. Profile: the road from the outermost rail edge outward must be straight over a minimum distance equal to the stopping sight distance according to the standard for automobile roads - design requirements; in difficult terrain conditions, it must not be less than 15 meters (m). For level crossings with central median strips, the distance from the outermost rail edge to the beginning of the median strip must be at least 6 meters (m).

2. Longitudinal gradient:

a) Within the railway and from the outermost rail edge outward, the road must have a longitudinal gradient of 0% over a minimum length of 16 meters (m), in difficult conditions not less than 10 meters (m);

b) The subsequent road section must have a longitudinal gradient of no more than 3% over a minimum length of 20 meters (m); in mountainous areas and difficult terrain, the longitudinal gradient of these sections must not exceed 6%;

c) For road sections passing through two or more railways, the longitudinal gradient of the road is determined based on the top of the rail heights of the adjacent railways.

3. The width of the driving lane of the road section within the level crossing must not be less than the width of the driving lane on the outer road and must not be less than 6 meters (m). If the width of the road surface needs to be widened to ensure it is not less than 6 meters (m), the subsequent section must gradually taper to the width of the driving lane on the outer road outside the level crossing at a ratio of 10:1. The minimum width of the shoulder must be sufficient to install traffic signs.

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

5. On the road surface within the level crossing area without a guard, speed bumps or rumble strips must be installed to enhance traffic safety. The layout of speed bumps and rumble strips follows the organization diagram of level crossing protection in Appendix II of this Circular. In this case, the road within the railway and from the outermost rail edge outward, the road must have a longitudinal gradient of 0% over a minimum length of 25 meters (m).

6. In cases where traffic organization includes a dedicated pedestrian crossing path at the level crossing, the range from the outermost rail edge outward to the stop line for this pedestrian path must be marked with pedestrian crossing markings according to the National Technical Regulations for Road Signage.

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

1. In the case where the adjacent road has a section turning into the railway and the shortest distance from the outermost rail edge to the road is less than fifteen meters (m):

a) Prioritize expanding the road surface adjacent to the railway to arrange lanes for road vehicles to stop and observe before turning into the level crossing and exiting from the level crossing;

b) The minimum width of the stopping lane shall be equal to the width of one lane according to the road grade. After expansion, the road surface must lie outside the barrier separating the railway and the road, ensuring safety for railway and road traffic passing through the level crossing. The arrangement of the stopping lane is specified in Appendix III of this Circular;

c) Raise or lower the road surface in the level crossing area so that the road from the outermost rail edge to the adjacent road lies on a flat slope (0%) within a minimum range of five meters (m); the subsequent road section shall have a gradient not exceeding six percent (6%) and meet the corresponding technical standard requirements according to the road technical grade.

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

a) The road at the level crossing shall have a gradient according to the superelevation of the railway within the minimum approach limit adjacent to the architectural structure as stipulated in the National Technical Regulations on Railway Operation;

b) The subsequent road section shall lie on a flat slope (0%) over a minimum length of sixteen meters (m), in difficult cases not less than ten meters (m). The subsequent road section shall have a gradient not exceeding three percent (3%) over a minimum length of twenty meters (m); in mountainous areas and difficult terrain, the gradient shall not exceed six percent (6%).

3. In the case where an existing level crossing has a road cutting across multiple railways: the road gradient within the railway and a minimum range of one meter (m) from the outermost rail edge of each track shall follow the peak rail elevation of each track; the subsequent road section shall have a gradient according to the difference in peak rail elevations of two adjacent tracks.

Article 10. Road Surface Structure at Level Crossings

1. The road surface structure within the railway and the range from the outermost main rail edge extending outward to the end of the level crossing area shall consist of interlocking panels or other structures that ensure smoothness and meet the load capacity according to the corresponding road grade.

2. In the case of using interlocking panels, the range for placing the panels extends from the outermost main rail edge outward to the end of the shoulder.

3. The road surface must comply with the corresponding technical standards for the type of road surface structure. In the case of using reinforced concrete interlocking panels, they must be securely 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) Organize protection in the form of automatic warning for cases where visibility is ensured in the level crossing area;

b) Organize protection in the form of manned guarding for cases where visibility is not ensured in the level crossing area;

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

Article 12. Guard Sheds at Level Crossings

Guard sheds at level crossings may only be used to serve crossing guards 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 crossing guards; not obstructing the view of traffic participants on the railway and road.

2. The nearest part of the guard shed must be at least 3.5 meters from the outer edge of the railway track and the edge of the road lane, and not more than 10 meters away. In cases where difficulties arise due to insufficient land for layout, the nearest part of the guard shed must not violate the limit of adjacent architectural space according to the national technical regulations on railway operation. The main entrance should face the road, with windows installed on the walls to clearly see the road and railway; the floor of the shed must be at least as high as the rail surface.

3. Guard sheds must have a toilet, electricity, clean water, electric fans or air conditioning to serve crossing guards. When newly constructed, guard sheds must have a minimum working area of 12 square meters and meet the area requirements based on the staffing quota for shifts.

Article 13. Lighting at Level Crossings

Level crossings with manned guards in areas with access to the national power grid must be equipped with lighting during night and day when there is fog. The light intensity must be sufficient for the drivers of railway and road vehicles to clearly see the signals given by the crossing guards. The average illuminance should be between 25 and 30 lux, with the uniformity ratio Emin/Etb not less than 0.5.

Article 14. Safety Systems at Level Crossings

1. Safety systems at level crossings, when constructed and installed, must meet the following requirements:

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

b) Must be fully arranged, suitable for the type of level crossing, regularly inspected, and maintained in a stable operational and safe condition to prevent accidents throughout the operation and use of the level crossing.

2. All organizations and individuals have the responsibility to protect these safety systems, and must not arbitrarily move, seize, damage, or reduce their effectiveness and function.

Article 15. Layout of Safety Systems at Level Crossings

1. For manned level crossings:

a) Manual barriers or motorized barriers controlled by personnel or automatic barriers;

b) Markers, fixed fences;

c) Painted road markings;

d) Railway and road warning signs;

e) Signal lights, electric bells, or sound alarms;

f) Track blocking signals on the railway, except for level crossings within the protective range of station entry and exit signals, or holding yard signals, through signals with automatic closure devices or other protective signals, when such signals are less than 800 meters from the level crossing;

g) Level crossing monitoring systems and other related safety equipment.

2. For unmanned level crossings:

a) Automatic warning level crossings: Automatic barriers (if available); Fixed fence markers; Road markings, speed bumps, humps; Warning signs for trains, STOP signs (R122), combined with auxiliary signs reading "Stop and look before crossing the level crossing"; Railway and road warning signs; Signal lights, electric bells, or sound alarms; Level crossing monitoring systems and other related safety equipment.

b) Existing warning sign level crossings: Markers; Road markings, speed bumps, humps; Warning signs for trains, STOP signs (R122), combined with auxiliary signs reading "Stop and look before crossing the level crossing"; Railway and road warning signs; Other related safety equipment.

Article 16. Markers and Fixed Barriers

1. Along both sides of the road within the level crossing area, marker posts must be installed according to the following provisions:

a) Marker posts shall be installed up to the position where the level crossing barrier is placed for level crossings with a guard;

b) Marker posts shall be installed up to a position 2.5 meters from the outermost rail edge for level crossings without a guard;

c) The distance between each marker post is 1.5 meters, and each row of marker posts shall have at least six posts; at dangerous sections, protective guardrails may be used instead of marker posts.

2. For level crossings with a guard, along both sides of the road within the area from the level crossing barrier to a minimum distance of 2.5 meters from the railway track, fixed barriers must be arranged to prevent people and road traffic vehicles from crossing the barrier into the level crossing when the barrier is closed.

3. The specifications and dimensions of marker posts and fixed barriers shall comply with the national technical regulations on road signs.

4. In cases where there is a road adjacent to and close to the railway within the level crossing area and it is necessary to arrange fixed barriers to separate the road from the railway, the height of the barrier must ensure visibility for road traffic vehicle drivers when passing through the level crossing.

Article 17. Road Markings, Speed Bumps, and Speed Humps in the Level Crossing Area

1. The road surface in the level crossing area must always maintain the following road markings:

a) Stop line;

b) Speed reduction marking;

c) Two-way lane division marking;

d) Approaching intersection with railway marking;

e) STOP lettering marking for level crossings organized with warning signs;

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

2. In cases where the level crossing area has a road adjacent to and close to the railway, and the road surface is limited to arranging the road markings specified in Clause 1 of this Article, the road management agency shall take the lead and coordinate with railway infrastructure business enterprises to inspect the road surface in the level crossing area to arrange road markings in compliance with the national technical regulations on road signs, suitable for actual conditions, and ensuring traffic safety.

3. Position of the stop line:

a) The stop line is at least 5 meters from the nearest rail;

b) The stop line is arranged perpendicular to the direction of the road entering the railway;

c) In cases where the road intersects the railway at an angle other than perpendicular, depending on the ground conditions and road traffic volume, the stop line may be arranged parallel to the railway to increase the capacity for vehicle flow in the level crossing area.

4. The construction and arrangement of speed bumps and speed humps shall be implemented according to current regulations.

5. Specifications and positions of road markings shall comply with the national technical regulations on road signs.

Article 18. Railway and Road Signage System

1. For manned level crossings:

a) Stop sign: A stop sign shall not be placed on the railway at a level crossing if the level crossing is already equipped with a signal blocking device or if the level crossing is within the protection range of the station entry signal, exit signal, or accumulation signal, or through signal with automatic barrier equipment or other protective signals, provided that these signals are less than 800 meters from the level crossing; Otherwise, place the "Stop" sign on the railway side of the level crossing guard house, at a position at least 3 meters from the road edge to prevent trains from entering the level crossing before the barrier is fully closed;

b) Depending on the angle of intersection between the railway and the road, place the "Intersection at Right Angle with Road" or "Intersection Not at Right Angle with Road" sign on the road within the level crossing area before reaching the point of intersection with the railway;

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

2. For unmanned level 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) On the road outside the level crossing area before reaching the point of intersection with the railway: place the "Intersection with Railways with Barrier" sign for level crossings with automatic barriers; place the "Intersection with Railways without Barrier" sign for level crossings without automatic barriers;

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

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

4. The size, specifications, and placement positions of railway and road warning signs shall comply with the national technical regulations on road signs and the national technical regulations on railway signals.

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

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

2. Requirements for signals:

a) Signal lights must have two red lights placed side by side, these two lights must alternate flashing when turned on. When a train is approaching the level crossing, the signal light turns on, prohibiting passage through the level crossing. After the train has completely passed through the level crossing and the level crossing barrier is fully opened, the signal light turns off, allowing normal passage through the level crossing again. Signal lights must be additionally installed on extended poles for roads with four lanes or more or areas with obstructed visibility;

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

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 track.

3. Requirements for electric bells or sound-producing speakers:

a) Electric bells or sound-producing speakers must sound when a train approaches the level crossing at least 60 seconds when using automatic signals (for level crossings with automatic warning signals); 90 seconds when using automatic signals and non-automatic level crossing barriers; 120 seconds when using non-automatic signals;

b) For level crossings with attendants, electric bells or sound-producing speakers turn off when the level crossing barrier is fully closed;

c) When the bell sounds or the speaker produces sound, the sound level at a position 15 meters (m) away, 1.2 meters (m) above ground level must be between 90 decibels (dB) and 115 decibels (dB) so that traffic participants can clearly hear it.

4. Diagrams of signal lights and electric bells or sound-producing speakers are stipulated in Appendix IV of this Circular.

Article 20. Railway crossing signal posts

1. Position of railway crossing signal posts:

a) Railway crossing signal posts are placed from 100 meters (m) to 500 meters (m) away from the level crossing (measured from the shoulder of the road on the same side). In areas with multiple level crossings attended by personnel located close together and the distance between two level crossings is less than 500 meters (m), railway crossing signal posts are arranged at both ends of the area with multiple level crossings;

b) The position of railway crossing signal posts is on the left side according to the direction of train travel as per the National Technical Regulations on Railway Traffic Signals.

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

3. Operation of railway crossing signal posts:

a) Railway crossing signal posts are red signals, when the railway crossing signal post turns on, it indicates a stop for trains;

b) When the railway crossing signal post turns off, trains operate normally. When there is an obstacle on the level crossing affecting traffic safety, level crossing attendants must activate the railway crossing signal post to turn on the red signal;

c) Level crossings with attendants on sections equipped with automatic level crossing closure devices must install equipment to switch the nearest level crossing closure device to the closed state to allow level crossing attendants to act promptly when there is an obstacle on the level crossing affecting traffic safety.

Article 21. Equipment at level crossing guard shacks

1. The following equipment must be fully arranged in level crossing guard shacks:

a) Telephone for communication with the station control reporting level crossing barriers;

b) Traffic signal control device;

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

d) Automatic notification device to inform level crossing guards when trains approach the level crossing;

đ) Level crossing barrier control device for cases as stipulated in Clause 3, Article 23 of this Circular;

e) Device capable of recording and storing communications between train dispatchers and level crossing guards;

g) Clock.

2. The equipment in level crossing guard shacks as specified in Clause 1 of this Article must ensure readiness for normal and stable operation.

3. For level crossings on dedicated railways or those used for up to twelve months, the arrangement of equipment in level crossing guard shacks shall be decided by the authority issuing the construction permit for the level crossing, but it must ensure sufficient information for level crossing guards to know when trains approach the level crossing to promptly close the barrier to prevent traffic accidents.

Article 22. Signal devices and protective devices for level crossings operated by electricity

1. For manned level crossings:

a) Signal devices and protective devices operated by electricity must be centrally controlled from the level crossing guard shack;

b) These devices must be regularly inspected to always be in a state of readiness for operation, and must have a manual control mechanism if the device fails suddenly.

2. For automatic warning level crossings:

a) Automatic signals on the road side must ensure clear and timely notifications under all weather conditions regarding the status of the level crossing closure;

b) When the device has an obstacle and cannot emit alternating flashing red lights, the railway infrastructure business operator or the manager/user of the level crossing must repair it promptly and restore it as soon as possible. At the same time, they must organize protection of the level crossing using warning signals (flashing yellow lights) on the road side and assign personnel to guard the level crossing;

c) The monitoring and supervision of the operation of the equipment at automatic warning level crossings must be carried out continuously through the surveillance system installed at the automatic warning level crossing to ensure that the automatic warning equipment operates normally and stably.

Article 23. Man-operated level crossing barriers

1. On both sides of the railway within the level crossing area, level crossing barriers must be placed to prevent vehicles and pedestrians from entering the road when a train approaches. The barrier must be placed at least four meters (m) from the outermost rail edge. In cases where terrain restrictions exist, the barrier must be placed at a position not violating the architectural limit of the railway as stipulated in the National Technical Regulations on Railway Operation.

2. The level crossing barrier starts closing from the right side to the left side according to the direction of entry into the level crossing. For level crossings with multiple barriers, the barrier on the right side according to the direction of entry into the level crossing must be closed first; the remaining barriers are closed afterwards. Once the barrier is closed, it must block the entire road surface.

3. The level crossing barrier may be equipped with an electric motor to assist the level crossing guard in operating the barrier opening and closing or use an electric lever operated by a person or an automatic lever to completely close the road surface.

4. Time for closing the level crossing barrier:

a) Both sides of the road approaching the level crossing must be completely closed at least 60 seconds before the train reaches the level crossing for electric barriers and automatic levers; 90 seconds for manually operated barriers;

b) Do not close the barrier more than three minutes before the arrival of the train at Class I and Class II level crossings and more than five minutes before the arrival of the train at Class III level crossings; except in cases where the level crossing is protected by barriers in a permanently closed state.

Article 24. Automatic level crossing warning barriers

1. On both sides of railway tracks within the range of automatic level crossings equipped with automatic barrier arms, the automatic barrier arms must be placed at least four meters (m) from the outermost rail. In cases where terrain limitations exist, the placement of barriers shall not violate the adjacent architectural limits of the railway track as stipulated in the National Technical Regulations on Railway Operation.

2. Level crossing barriers shall use types that cover half or two-thirds of the road surface, with the remaining part of the road without barriers being at least three meters (m) wide and located on the left side of the direction of vehicle travel towards the level crossing.

3. The structures and equipment of automatic barriers must ensure operation in the following sequence:

a) When a train approaches the level crossing, red warning lights on the road and on the automatic barrier arm turn on, and a warning bell or an automatic sound alarm sounds; after seven to eight seconds, the automatic barrier arm begins to close.

b) When the train has passed through the level crossing, the automatic barrier arm opens, and the lights on the barrier arm and the signal lights on the road automatically turn off once the barrier arm is fully open.

4. Barrier closure time: Both sides of the road leading to the level crossing must be completely closed at least forty seconds before the train reaches the level crossing.

Article 25. Requirements for placing warning signs in cases where the road is adjacent and has a section branching into the railway

1. When the length of the branch to the railway is less than ten meters (m):

a) Based on the angle of intersection of the level crossing, the sign "Intersection perpendicular to the road" or "Intersection not perpendicular to the road" must be placed on the curb at both corners where the road runs closest to the branch leading to the railway.

b) Based on the type of level crossing protection, the signs "Intersection with railway fence" or "Intersection without railway fence" must be placed on the right curb of the road running closest to the railway. The distance of the signs from the branch is between forty meters (m) and two hundred and forty meters (m).

2. When the length of the branch to the railway is from ten meters (m) to seventy-five meters (m):

a) Based on the angle of intersection of the level crossing, the sign "Intersection perpendicular to the road" or "Intersection not perpendicular to the road" must be placed on the right curb of the branch, at a position ten meters (m) away from the outermost rail of the railway.

b) Based on the type of level crossing protection, the signs "Intersection with railway fence" or "Intersection without railway fence" must be placed on the right curb of the road running closest to the railway; the distance of the signs from the branch is between ten meters (m) and two hundred meters (m).

3. When the length of the branch to the railway is greater than seventy-five 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 vehicle travel on the road near the railway and must not be obstructed.

5. The location for placing warning signs specified in Clause 1 and Clause 2 of this Article is set out in Appendix II, Section C of this Circular.

Article 26. Road signals at intersections where a branch road leads to a level crossing and the distance to the level crossing is less than seventy-five meters (m)

At intersections where a branch road leads to a level crossing and the distance to the level crossing is less than seventy-five meters (m), the road management authority must:

1. Arrange traffic signals to control the direction of road vehicles entering the level crossing.

2. When the road signals at the level crossing are activated, the road signals adjacent to the railway on the branch leading to the level crossing must display appropriately with the road signals at the level crossing; in this case, priority should be given to constructing a lane for waiting vehicles on the road adjacent to the railway.

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

Article 27. Setting up traffic signs on railway crossings where roads intersect both railways and adjacent roads

Where roads intersect both railways and adjacent roads, the setting up of traffic signs on roads entering railway crossings shall be carried out according to the following regulations:

1. For directions where roads enter railway crossings without intersecting other roads, the provisions of Article 18 of this Circular shall apply.

2. For directions where roads enter railway crossings that subsequently intersect with other roads before intersecting with railways, the provisions of Article 25 of this Circular shall apply.

Article 28. Means of transport, equipment, and crossing guards

1. Railway crossings must be fully equipped with means of transport and equipment as prescribed.

2. For railway crossings with guards, personnel must be continuously stationed day and night according to shift schedules.

3. The staffing of crossing barriers at railway crossings shall comply with labor laws, ensuring timely and accurate operation of the barriers for safe traffic management at railway crossings.

Article 29. Management files for railway crossings

Management files for railway crossings include:

1. Management files for each individual railway crossing:

a) Completion files for railway crossings and other construction works permitted within the railway crossing area under construction laws. In cases where completion files are lost or incomplete, subjects specified in Articles 58, 59, and 60 of this Circular shall be responsible for establishing current status management files for railway crossings;

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

c) Technical condition statistics and railway crossing history records;

d) Safety zone management files for railway crossings as prescribed by laws on infrastructure management and protection, showing architectural structures and objects obstructing visibility within the scope;

đ) Logbooks monitoring the activities of railway crossings concerning: Railway crossings, crossing equipment, and signaling systems;

e) For railway crossings with guards, in addition to the provisions of points a, b, c, d, đ of this Clause, management files for railway crossings shall include the following registers and tables: Train schedule table, guard duty roster, defense plan when obstacles appear on railway crossings, specific actions of crossing guards, summary disciplinary record of crossing guards, guard duty logbook, command book.

Article 30. Content of railway crossing management

1. Establishing, updating, and storing management files for railway crossings as prescribed in Article 29 of this Circular; updating railway crossing files into the database system for information management and monitoring.

2. Inspecting and maintaining the operational status of railway crossings to ensure traffic safety according to approved files.

3. Organizing and directly implementing railway crossing defenses as prescribed in this Circular.

4. Managing and protecting railway crossing assets and traffic safety zones at railway crossings as prescribed by law.

5. For railway crossings where construction permits and decisions to put railway crossings into operation and use have been lost:

a) In cases of railway crossings on national railways: The owner of dedicated railway crossings shall establish current status files for railway crossings and submit them to the Vietnam Railways Administration for opinions on conditions for continued operation of railway crossings;

b) In cases of public railway crossings on dedicated railways related to national highways: Organizations managing and operating railway crossings shall establish current status files for railway crossings and submit them to the Vietnam Highway Administration for opinions on conditions for continued operation of railway crossings;

Article 31. Road traffic within the scope of railway crossings

Participants in road traffic when crossing railway crossings must comply with the provisions of road traffic laws, railway laws, and implement the following regulations:

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 sounding warnings, or when the crossing barrier is moving or has closed, or when instructed by the railway crossing guard, all participants in road traffic (including vehicles with priority rights) must stop on the right side of their direction of travel and before the stop line.

4. Persons not on duty shall not open the crossing barrier at will when it is closed.

5. For railway crossings with warning signs, participants in road traffic must stop before the stop line, listen to the train horn, pay attention to observe approaching trains from both directions, and only cross once they are certain that no trains are approaching the crossing, and shall be fully responsible for any accidents that occur.

Article 32. Stopping and parking vehicles in the area of railway crossings

1. It is prohibited to turn around, stop, or park vehicles within the area between two "Stop" lines at railway crossings.

2. In case a vehicle participating in road traffic is damaged, involved in an accident, or goods on the vehicle have fallen or spilled and cannot immediately move out of the area between two "Stop" lines at the railway crossing, the vehicle operator must take measures to quickly remove the vehicle or goods from this area. If the nearest point of the vehicle or goods is less than 1.75 meters from the outer edge of the outermost rail, the vehicle operator must take measures to warn the train to stop before the obstacle; simultaneously, all necessary measures must be taken to quickly move the vehicle or goods to a distance of at least 1.75 meters from the outer edge of the outermost rail. The method of stopping the train before the obstacle is specified in Appendix VI of this Circular.

Article 33. Operation of overweight vehicles, oversized vehicles, and tracked vehicles through railway crossings

1. Vehicle operators must comply with road traffic laws, railway laws, and the conditions for vehicle operation stated in the vehicle operation permit issued by the competent authority.

2. Before moving through a railway crossing, vehicle operators must develop a plan to ensure safety at the crossing, railway traffic safety, and notify the railway crossing guard in advance to receive support and guidance.

Article 34. Leading animals through railway crossings

1. Before leading a herd of animals through a manned railway crossing, the person leading the animals must contact the railway crossing staff to obtain information about train schedules and to receive guidance.

2. Before leading a herd of animals through an unmanned railway crossing, the person leading the herd of animals must observe approaching railway traffic, and may only lead the herd across when safe conditions are met.

3. The person leading the herd of animals must guide them closely along the right side of the road. The person leading the herd of animals shall be fully responsible for any accidents caused by non-compliance with the traffic rules at the railway crossing as stipulated in this Circular.

Article 35. Persons Controlling Trains at Level Crossings

In addition to complying with the provisions set forth in Clause 2, Article 39 of the Railway Law, persons controlling trains at level crossings must pay attention to stop signals, warning signals for level crossings (if available), observe the level crossing to quickly brake the train upon seeing stop signals or obstacles on the level crossing.

Article 36. Stopping and Parking Trains within the Scope of Level Crossings

1. In cases where it is necessary to stop or park trains at level crossings; consolidating trains or breaking up trains, the train conductor or locomotive driver (in the case of sections between stations), the station master or the traffic control officer (in the case of stations) must take every measure to quickly clear the roadblock and unblock traffic.

2. When parking trains at level crossings, the parking time shall not exceed three minutes for Class I and Class II level crossings, and five minutes for Class III level crossings, except for level crossings regulated by laws concerning the handling of railway traffic accidents and the analysis, statistics, and reporting of such accidents.

Article 37. Conditions for Constructing, Renovating, and Upgrading Level Crossings

1. Organizations proposing to construct, renovate, or upgrade level crossings must ensure sufficient funds for the renovation and upgrading of level crossings in accordance with the law.

2. The competent authority deciding to invest in the construction project of level crossings must clearly define the sources of funds for management, maintenance, and organizing protection of level crossings.

3. For level crossings with a limited period of use, in addition to the conditions stipulated in Clauses 1 and 2 of this Article, when constructing, renovating, 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 and usage period of the level crossing shall not exceed twenty-four months;

c) The managing and using entity of the level crossing commits to completing the procedures for abolishing the level crossing and dismantling it themselves, restoring the railway infrastructure when the operational and usage period expires.

Article 38. Conditions for Abolishing Level Crossings

1. A level crossing will be abolished if it meets either of the following two conditions:

a) The level crossing has reached its operational and usage period as specified in the permit issued by the competent authority;

b) There is no longer a need to operate and use the level crossing.

2. When abolishing a public level crossing with a long-term usage period, the organization proposing the abolition of the level crossing must establish a traffic organization plan as an alternative when the level crossing is abolished.

3. Sources of funds for abolishing level crossings:

a) The organization proposing the abolition of the level crossing must ensure sufficient funds for the organization of the abolition process and the restoration of the initial condition of the railway section within the scope of the level crossing in accordance with the law;

b) The competent authority deciding on the abolition of the level crossing must clearly define the sources of funds for the abolition process.

Chapter III

REGULATIONS ON PERMITTING, EXTENDING PERMITS FOR CONSTRUCTING LEVEL CROSSINGS AND WITHDRAWING, ABOLISHING LEVEL CROSSINGS

Article 39. Construction Projects Issued with Permits

1. The construction projects specified in point b, Clause 2, Article 12 of the Railway Law and the regulations on management and protection of railway infrastructure structures include:

a) National defense and security facilities;

b) Transportation facilities: bridges, overpasses, tunnels;

c) Water conservancy facilities: culverts, water retaining walls; water conveyance and transfer systems;

d) Energy facilities: power poles, transmission lines;

đ) Technical infrastructure facilities: water supply pipelines, drainage pipelines, telecommunications pipelines, fuel, oil, gas, energy, chemical pipelines.

2. Construction, renovation, and upgrading of level crossings shall comply with the provisions of Article 37 of this Circular.

3. When construction projects specified in Clause 1 of this Article undergo renovation or upgrading, they must change their shape, size, load-bearing structure, or affect related railway structures.

4. No new construction permit for level crossings organized with warning signs on national railways shall be issued.

Article 40. Principles for Granting, Extending Construction Permits

1. Construction permits shall only be granted to construction projects specified in Article 39 of this Circular.

2. Construction projects granted permits must:

b) Have the scale of construction and design documents approved by the competent authority;

c) Comply with technical standards and applicable standards;

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

3. The construction period of projects granted construction permits must be consistent with the overall progress of the project approved by the competent authority.

4. The location, scale of construction, construction organization plans, and measures to ensure safety of the construction project and railway traffic safety for construction projects within the railway land area must be agreed upon and unified according to the provisions of this Circular by the competent authority issuing construction permits and railway infrastructure business enterprises.

5. Construction projects granted construction permits must be promptly relocated when 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. Construction projects exempted from construction permits include:

b) Repair of level crossings with design plans that do not change the grade of the level crossing, do not alter the form of level crossing protection, and do not change the width of the road surface at the level crossing.

1. Vietnam Railway Corporation:

a) Grants, extends, revokes, and cancels construction permits for level crossings on national railways;

b) Decides to abolish level crossings on national railways.

2. Vietnam Highway Administration:

a) Grants, extends, revokes, and cancels construction permits for level crossings on dedicated railways related to national highways;

b) Decides to abolish level crossings on dedicated railways related to national highways.

a) 核发、延续、撤销、注销铁路专用线与省道、县道、乡道、城市道路和专用城市道路有关的道口建设、改造、升级的许可证；

b) 决定撤销铁路专用线与省道、县道、乡道、城市道路和专用城市道路有关的道口。

Article 42. Application Documents for Construction Permit for Railway Crossing Construction, Renovation, and Upgrade

The application documents for construction permit for railway crossing construction, renovation, and upgrade include:

1. An application form in accordance with Appendix VII of this Circular.

2. Original or certified copy or copy accompanied by original for comparison or electronic copy with legal validity (when administrative procedures are conducted electronically) of the following documents:

a) Decision approving the investment project for construction works;

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

c) Technical design or construction drawing of the railway crossing that has been approved;

d) Construction organization plan for the railway crossing and traffic safety measures during construction approved by the competent authority or agreed upon by the investor.

Article 43. Procedure for Issuing Construction Permit for Railway Crossing Construction, Renovation, and Upgrade

1. The organization acting as the investor of the project, manager, or user of the railway crossing wishing to construct, renovate, or upgrade the railway crossing shall prepare one set of application documents and submit them directly, send via postal service, or transmit through an electronic environment to the competent authority specified in Article 41 of this Circular.

2. In case of direct submission, the competent authority specified in Article 41 of this Circular shall be responsible for providing the result on the completeness of the application documents for the construction permit on the same working day.

3. In case of submission via postal service or through an electronic environment, if the application documents are incomplete within two working days from the date of receipt, the competent authority specified in Article 41 of this Circular shall notify in writing to guide the completion of the documents.

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

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

b) Vietnam Road Administration, agencies according to the delegation and authorization of provincial People's Committees managing the road (if related).

5. Within five working days from the date the competent authority issues the construction, renovation, and upgrade permit for railway crossings sends out the request for opinions, the agencies or organizations requested must respond in writing. If the organizations requested fail to provide a written response beyond this period, it will be considered as approval and they will bear responsibility for any consequences arising from non-response or delayed response.

6. Processing time for the application: ten working days from the date of receiving complete documents as prescribed.

7. The construction permit for railway crossing construction, renovation, and upgrade shall be in accordance with the model specified in Appendix VIII of this Circular. In case of refusal to issue the permit, there must be a written response stating the reasons.

8. In case of implementation through an electronic environment, the investor of the project, manager, or user of the railway crossing wishing to construct, renovate, or upgrade the railway crossing shall prepare the application documents including a file containing scanned copies of the documents stipulated in Article 42 of this Circular and submit them at the website address: https://dichvucong.mt.gov.vn.

Article 44. Documents for Requesting the Abolition of Level Crossings

The documents for requesting the abolition of level crossings include:

1. A request form for the abolition of level crossings according to the model at Appendix IX of this Circular.

2. The original or certified copy, or an uncertified copy accompanied by the original for comparison, or an electronic copy with legal validity (when administrative procedures are carried out on an electronic platform) of one of the following documents:

a) The completion acceptance record for the construction project or component works for use of overpasses, underpasses, or other level crossings to organize traffic instead of the level crossing proposed for abolition;

b) The traffic organization plan when abolishing the level crossing.

Article 45. Procedure for Implementing the Abolition of Level Crossings

1. The organization that is the project investor, manager, or user of the level crossing wishing to abolish the level crossing shall prepare one set of application documents and submit them directly, send them through the postal service, or send them via an electronic platform to the competent authority specified in Article 41 of this Circular.

2. In cases where the documents are submitted directly, the competent authority specified in Article 41 of this Circular shall be responsible for providing the result on the day of work regarding the components of the application documents for the abolition of the level crossing.

3. In case of submission via postal service or through an electronic environment, if the application documents are incomplete within two working days from the date of receipt, the competent authority specified in Article 41 of this Circular shall notify in writing to guide the completion of the documents.

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

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

b) The owner of dedicated railway lines, the road management agency (if relevant) for level crossings on dedicated railways.

5. Within five working days from the date the competent authority for abolishing the level crossing issues a document seeking opinions, the agencies or organizations whose opinions are sought shall be responsible for replying in writing. If these organizations fail to provide a written reply within the above period, it will be considered as approval and they must bear responsibility for not replying or replying late.

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

7. Decision on the abolition of the level crossing according to the model specified in Appendix X of this Circular. In case a decision is not issued, there must be a written response stating the reasons.

8. In cases where procedures are carried out on an electronic platform, the project investor, manager, or user of the level crossing wishing to abolish the level crossing shall prepare the application documents including a file containing the scanned original documents and materials stipulated in Article 44 of this Circular and implement them on the website: https://dichvucong.mt.gov.vn.

Article 46. Documents for Requesting Extension of Construction Permit for Renovation and Upgrading of Level Crossings

The documents for requesting extension of the construction permit for renovation and upgrading of level crossings include:

1. A request form according to the model at Appendix XI of this Circular.

2. The original or certified copy, or an uncertified copy accompanied by the original for comparison, or an electronic copy with legal validity (when administrative procedures are carried out on an electronic platform):

a) The overall progress of the project approved by the competent authority;

b) Documentation proving the reason for requesting an extension is one of the following: handover record of the construction site for building, renovating, or upgrading the level crossing in cases of difficulties with the construction site; confirmation record of damage between the project investor and the contractor of the level crossing in cases of accidents or natural disasters affecting the construction progress of building, renovating, or upgrading the level crossing; decision adjusting the investment policy of the project or decision adjusting the program or construction project in cases where adjustments to the project affect the construction progress of building, renovating, or upgrading the level crossing.

Article 47. Procedure for Extending Construction Permits for Railway Crossings, Renovation, and Upgrading

1. The organization that is the project investor, the manager, or the user of railway crossings which needs to extend construction permits for renovation and upgrading shall prepare one set of application documents and submit them directly, send them through the post office, or transmit them electronically to the competent authority as prescribed in Article 41 of this Circular.

2. In cases where documents are submitted directly, the competent authority as prescribed in Article 41 of this Circular shall be responsible for providing results on the components of the application documents for extending construction permits for railway crossings within the working day.

3. In case of submission via postal service or through an electronic environment, if the application documents are incomplete within two working days from the date of receipt, the competent authority specified in Article 41 of this Circular shall notify in writing to guide the completion of the documents.

4. Processing time for documents: three working days, starting from the date of receiving complete documents as prescribed.

5. The decision to extend construction permits for railway crossings shall be made according to the model specified in Appendix XII of this Circular. If a decision is not issued, a written response must be provided, clearly stating the reasons.

6. In cases where procedures are carried out electronically, the project investor, the manager, or the user of railway crossings which needs to extend construction permits for renovation and upgrading shall prepare application documents including files containing scanned copies of the main documents and materials as prescribed in Article 46 of this Circular and implement them at the website address: https://dichvucong.mt.gov.vn.

7. Each Permit may only be extended once, and the extension period shall not exceed twelve months, and shall not exceed the implementation period of the project already approved by the competent authority.

Article 48. Authority to Issue, Extend, Revoke, and Invalidate Construction Permits for Essential Works Within Railway Land Areas

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

2. Authorities under the classification and delegation of provincial People's Committees shall carry out issuing, extending, revoking, and invalidating construction permits for essential works within urban railway land areas.

Article 49. Application Documents for Issuing Construction Permits for Essential Works Within Railway Land Areas

Application documents for issuing construction permits for essential works within railway land areas include:

1. An application form for issuing construction permits according to the model specified in Appendix XIII of this Circular.

2. Original or certified copy or copy accompanied by original for comparison or electronic copy with legal validity (when administrative procedures are conducted electronically) of the following documents:

a) Decision approving the project or document assigning the project investor;

b) Decision approving technical design or construction drawings; photographs of current conditions (for renovation and upgrading projects);

c) Technical design or construction drawing documents that have been approved;

đ) Overall project schedule approved by the competent authority;

e) Construction work organization plan and measures to ensure traffic safety and construction safety during the construction process.

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

1. The project investor who needs to construct works within railway land areas shall prepare one set of application documents and submit them directly, send them through the post office, or transmit them electronically to the competent authority as prescribed in Article 48 of this Circular.

2. In cases where documents are submitted directly, the competent authority as prescribed in Article 48 of this Circular shall be responsible for providing results on the components of the application documents for issuing construction permits within the working day.

3. In cases where documents are sent through the post office or implemented through electronic means, if the documents are incomplete according to regulations, within two working days, the competent authority as prescribed in Article 48 of this Circular shall notify in writing to guide the completion of the documents.

4. Within two working days from the date of receiving complete documents as prescribed, the competent authority issuing construction permits shall be responsible for sending the documents to relevant authorities 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 classification of provincial People's Committees when constructing works within urban railway land areas.

5. Within five working days from the date the competent authority issuing construction permits sends out requests for opinions, the organizations and entities requested to provide opinions shall be responsible for responding in writing. Beyond this deadline, if the organization requested does not provide a written response, it will be considered as having agreed and shall bear responsibility for any consequences arising from non-response or delayed response.

6. Processing time for the application: ten working days from the date of receiving complete documents as prescribed.

7. The construction permit according to the model specified in Appendix XIV of this Circular. If a decision is not issued, a written response must be provided, clearly stating the reasons.

8. In cases where procedures are carried out electronically, the project investor who needs to construct essential works within railway land areas shall prepare application documents including files containing scanned copies of the main documents and materials as prescribed in Article 49 of this Circular and implement them at the website address: https://dichvucong.mt.gov.vn.

9. The owner of dedicated railway lines decides on 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. Application form according to the model at Appendix XV of this Circular.

2. The original or certified copy, or an uncertified copy accompanied by the original for comparison, or an electronic copy with legal validity (when administrative procedures are carried out on an electronic platform):

a) The overall progress of the project approved by the competent authority;

b) Documents proving the reasons for requesting extension, which may be one of the following: handover record of construction site in case of difficulties with the construction site; confirmation record of damage between the project investor and the construction contractor in case of accidents or natural disasters affecting the construction progress; decision on adjustment of investment policy of the project or decision on adjustment of the project's implementation program in case of project adjustments affecting the construction progress.

Article 52. Procedure for Extending Construction Permit for Essential Works within Railway Land

1. When the construction period specified in the construction permit has expired but the work has not been completed, the project investor shall prepare one set of application documents and submit them directly, send them via postal service, or send them electronically to the authority issuing the permit as stipulated in Article 48 of this Circular.

2. 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 same working day regarding the components of the application documents for extending the construction permit for essential works within railway land.

3. In cases where documents are sent through the post office or implemented through electronic means, if the documents are incomplete according to regulations, within two working days, the competent authority as prescribed in Article 48 of this Circular shall notify in writing to guide the completion of the documents.

4. Processing time for documents: three working days, starting from the date of receiving complete documents as prescribed.

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

6. In case of electronic submission, the project investor who needs to extend the construction permit for essential works within railway land shall prepare the application documents including a file containing scanned copies of the required documents as stipulated in Article 51 of this Circular and submit them through the website address: https://dichvucong.mt.gov.vn.

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

8. The owner of dedicated railway decides the procedure for extending the construction permit for essential works within dedicated railway land.

Article 53. Revocation and Cancellation of Construction Permits for Level Crossings Improvement, Upgrade and Construction of Works within Railway Land

1. Cases where construction permits for level crossings improvement, upgrade; construction permits for works within railway land (hereinafter referred to as "permit") are revoked:

a) The permit was issued contrary to the provisions of the law;

b) The project investor organizes implementation or directly implements construction activities that do not comply with the contents of the permit. Within more than 1/3 of the construction time specified in the permit from the date the competent state authority discovers and requests rectification, but the investor has not yet completed the rectification of violations as required;

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

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

2. Within 10 working days from the date of the decision to revoke the permit, the competent authority as stipulated in Articles 41 and 48 of this Circular shall issue a decision to cancel the permit and simultaneously notify relevant agencies and units about the execution of the permit.

Chapter IV

 LIABILITY OF ORGANIZATIONS INVOLVED IN THE MANAGEMENT, EXPLOITATION, USE, CONSTRUCTION, IMPROVEMENT, UPGRADE, REMOVAL OF LEVEL CROSSINGS AND CONSTRUCTION OF WORKS WITHIN RAILWAY LAND

Article 54. Responsibilities of the 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 according to this Circular.

Article 55. Responsibilities of the Vietnam Highway Administration

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

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

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

Article 56. Responsibilities of local highway management agencies

a) Organize inspections and supervision of the implementation of management, maintenance, and protection of railway crossings by owners of dedicated railways according to 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 traffic safety zones around railway crossings.

Article 57. Responsibilities of 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 railway crossing safety zones according to railway laws.

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

a) Inspect railway crossings to propose competent authorities to implement improvements, upgrades, or abolition of railway crossings according to this Circular;

b) Propose appropriate forms of railway crossing protection according to this Circular.

Article 58. Responsibilities of Infrastructure Business Enterprises

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

3. Allocate personnel for railway crossing guards for public railway crossings on national railways according to the approved national railway infrastructure maintenance plan.

4. Annually lead and coordinate with highway management agencies and local authorities to inspect and develop plans for repairing public railway crossings on national railways, and recommend competent authorities about improvements, upgrades, or changes in the form of public railway crossing protection on national railways according to this Circular.

5. Regularly inspect, promptly identify, and report to local authorities for clearance of traffic safety zones at railway crossings on national railways.

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

7. Establish records for managing public railway crossings on national railways according to Article 29 of this Circular.

8. Require project investors and construction units building railway crossings and essential works within the land allocated for national railways to comply with the contents of issued permits, safety assurance plans for works, traffic safety, and environmental protection during construction. In case of identified safety risks during construction, request project investors 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 completion acceptance of railway crossing construction projects and essential works within the land allocated for national railways; receive completion files to serve management and maintenance work according to regulations.

10. When the usage period of a railway crossing ends, the infrastructure business enterprise leads and coordinates with the manager and user of the railway crossing and local authorities to inspect and propose competent authorities specified in Article 41 of this Circular to process the abolition of the railway crossing.

11. Lead and coordinate with the manager and user of the railway crossing and local authorities to fence off, dismantle the railway crossing, and restore railway infrastructure after receiving the decision to abolish the railway crossing.

12. Implement reporting procedures:

a) Report name: Report on data regarding railway crossings and construction works within the land allocated for railways;

b) The content of the report must fully reflect the following contents: The use, exploitation, protection of railway crossing assets, management files 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; proposals and recommendations (if any).

c) The entity responsible for submitting the report: Railway infrastructure business enterprises;

d) The agency receiving the report: Vietnam Railways Corporation;

đ) Method of sending and receiving reports: paper documents and through the Vietnam Railways Corporation's interlinked document management system;

e) Deadline for submitting the report: before March 15 each year;

g) Frequency of submitting the report: once a year;

h) Period for finalizing the data for the report: from March 15 of the previous year to March 14 of the reporting year;

i) Report form according to the model prescribed in Appendix V of this Circular.

Article 59. Responsibilities of the owner and user of dedicated railway crossings

1. Managing, maintaining, organizing protection, and keeping the technical condition of railway crossings under their management and use throughout the operation period as prescribed in this Circular.

2. Allocating staffing for railway crossing guards under their management and use.

3. Taking timely measures to ensure the safety of railway crossings under their management and use, and traffic safety when damage is discovered.

4. Establishing management files for railway crossings under their management and use as prescribed in Article 29 of this Circular.

5. In case the owner and user of dedicated railway crossings fail to fully comply with the provisions of Clause 1, Clause 2, Clause 3, and Clause 4 of this Article, the railway infrastructure business enterprise (for railway crossings on national railways) or the owner of dedicated railways (for railway crossings on dedicated railways) shall decide to temporarily suspend the operation of the railway crossing. At that time, the owner and user of the dedicated railway crossing must compensate for losses caused by their own fault in accordance with the provisions of the law.

Article 60. Responsibilities of the owner of dedicated railways

1. For public railway crossings on dedicated railways:

a) Managing, maintaining, organizing protection, and keeping the technical condition of railway crossings under their management throughout the operation period as prescribed in this Circular;

b) Allocating staffing for railway crossing guards;

c) Participating in opinions and bearing responsibility under the law for the contents of 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, issue a decision allowing the railway crossing to be put into operation;

đ) Establishing management files for railway crossings as prescribed in Article 29 of this Circular.

2. Deciding on the construction, renovation, and upgrading of dedicated railway crossings on dedicated railways; constructing works within the scope of land allocated for dedicated railways.

Article 61. Responsibilities of the investor of railway crossings and essential construction works within the scope of land allocated for railways

1. Before approving the investment project for construction, the investor of the project must seek the opinions of the competent authority issuing permits as prescribed in Articles 41 and 48 of this Circular and the owner of dedicated railways for cases carried out within the scope of land allocated for dedicated railways regarding the location and scale of construction works.

2. Before commencing construction works, the investor of the project must seek opinions on the construction organization plan, the time for closure to facilitate construction, and measures to ensure traffic safety from the following organizations:

a) Railway infrastructure business enterprises for works related to national railway works and land allocated for national railways;

b) Urban railway business enterprises for works related to urban railway works and land allocated for urban railways;

c) Owners of dedicated railways for works related to dedicated railway works and land allocated for dedicated railways;

d) Relevant road administration agencies.

3. Processing procedures to take over the construction site before starting construction works.

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

5. Maintaining a stable technical condition and ensuring funding for management and maintenance of the part of the work within the scope of land allocated for railways.

6. Ensuring the safety of the work, railway transportation safety, and environmental protection during the entire construction period; maintaining the work during the operation period; taking timely measures to ensure the safety of the work and railway transportation safety when damage is discovered or reported.

7. Moving or renovating the work themselves or not demanding compensation when required by the competent authority in accordance with the law; demolishing the work themselves when it has expired (for works with a usage period recorded in the construction permit).

8. Compensating for losses caused by their own fault in accordance with the provisions of the law.

Chapter V

IMPLEMENTATION PROVISIONS

Article 62. Effect of enforcement

This Circular takes effect from December 1, 2023, replacing Circular No. 25/2018/TT-BGTVT dated May 14, 2018, and Circular No. 07/2022/TT-BGTVT dated May 31, 2022, issued by the Minister of Transport on railway crossings and construction permits for essential works within the scope of land allocated for railways.

Article 63. Transitional Provisions

1. For dedicated railway crossings currently organized with warning signs on national railways, the owner of dedicated roads must gradually upgrade the railway crossing protection forms in priority order to enhance traffic safety. While upgrading the railway crossing protection forms, the owner of dedicated roads must organize guarding at railway crossings that are black spots or potential accident points with a high risk of accidents occurring.

2. For existing level crossings that do not comply with the provisions of this Circular, when renovating and upgrading the level crossing, the project investor must gradually improve the angle of intersection between the road and the railway, the road surface, the road gradient, supplement the level crossing protection equipment system, and expand the area of the level crossing guard house. During the period before renovation and upgrading is carried out, measures must be taken to ensure traffic safety for people and vehicles passing through the level crossing.

3. For existing automatic warning level crossings without automatic barriers, automatic barriers must be gradually installed to enhance traffic safety.

4. For existing level crossings currently using manual barriers, they must be gradually replaced by electric barriers or manually operated motorized barriers or automatic barriers to improve the quality of level crossing protection, enhance traffic safety, and reduce the staffing of level crossing guards.

Article 64. Responsibility for Implementation

The Director of the Ministry's Office, the Inspector General of the Ministry, the Heads of Departments, the Directors of the Vietnam Highway Administration, the Directors of the Vietnam Railway Administration, the Directors of the Transport Departments of provinces and centrally governed cities, the Heads of agencies, organizations, and individuals related to this matter are responsible for implementing this Circular.