Circular No. 33/2012/TT-BGTVT on level crossings

CIRCULAR

Provisions on level crossings

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Pursuant to the Railway Law No. 35/2005/QH11 dated June 14, 2005;

Pursuant to Decree No. 51/2008/NĐ-CP dated April 22, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Transport;

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

The Minister of Transport issues this Circular to regulate level crossings,

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates technical standards for level crossings, traffic rules at level crossings, organization of protection and management, construction of level crossings on national railways, urban railways, and dedicated railways.

Article 2. Applicability

1. This Circular applies to organizations and individuals related to traffic activities, management, and construction of level crossings on national railways, urban railways, and dedicated railways.

2. This Circular does not apply to places where railway and road share the same bridge surface; locations where railway intersects with road within the station, port, factory yard, or enterprise premises.

Article 3. Explanation of Terms

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

1. National railway is railway serving general transportation needs of the whole country, each economic region, and international through transport.

2. Urban railway is railway serving daily travel needs of passengers in cities and adjacent areas.

3. Dedicated railway is railway serving specific transportation needs of individual organizations and individuals.

4. Level crossing is a section of road intersecting at the same level with railway, permitted by competent authority for construction and operation.

5. Road is a way for people and road vehicles to pass through. Roads include: national highways, provincial roads, district roads, commune roads, urban roads, dedicated roads, and project implementation roads.

6. Main railway includes:

a) For 1000 mm gauge railway, it is first-class, second-class, and third-class railway (according to TCVN 8893:2011 railway technical grade);

b) For 1435 mm gauge railway and dual-gauge railway (1435 mm and 1000 mm), it is second-class and third-class railway (according to TCVN 8893:2011 railway technical grade).

Article 4. Scope of level crossing

The scope of level crossing includes:

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

2. The section of railway located between two shoulders of the road at the intersection point (Annex 2);

3. The land area within the view range of the railway and road traffic vehicle operators.

Article 5. Classification of level crossings according to usage time

1. Long-term level crossing.

2. Time-limited level crossing.

3. Frequently closed level crossing (only used when needed).

Article 6. Classification of level crossings according to protection organization form

1. Level crossing with guard includes:

a) Level crossing having: Guard, barrier gate or boom, road signal lights, electric bell, warning signs, posts or fence, railway signal blocking the track (if applicable).

b) Level crossing having: Guard, barrier gate or boom, warning signs, posts or fence, railway signal blocking the track (if applicable), road markings (if applicable).

2. Unattended level crossing includes:

a) Automatic boom level crossing is a level crossing having: automatic boom, road signal lights, electric bell, warning signs, posts or fence, road markings, without railway signal blocking the track.

b) Automatic warning level crossing is a level crossing having: automatic warning signals, road signal lights, electric bell, warning signs, posts or fence, road markings, without boom, without railway signal blocking the track.

c) Warning sign level crossing is a level crossing having: warning signs, posts or fence, road markings.

Article 7. Classification of level crossings by managing subject

1. Level crossings managed by enterprises operating railway infrastructure include:

a) Public level crossing where national railways or dedicated railways connected to national railways intersect with roads;

b) Internal level crossing where national railways or dedicated railways connected to national railways intersect with dedicated roads.

2. Level crossings invested in and operated, maintained by other organizations or individuals include dedicated level crossings where dedicated railways intersect with roads.

3. Level crossings managed by provincial People's Committees include urban level crossings where rail-borne vehicles intersect with roads.

Article 8. Grading of level crossings

1. Level crossings classified as Grade I, Grade II, and Grade III are those graded according to one of the standards set forth in Appendix 16 attached to this Circular.

2. Level crossings located within city centers, town centers (cities, towns, townships) shall be classified into corresponding grades as determined by the competent authority under Clause 3, Article 52 of this Circular.

3. Special level crossings are those newly constructed, renovated, or upgraded but not yet fully meeting technical standards stipulated in this Circular.

4. The grade of a level crossing may be changed when the road grade through the level crossing changes or the number of trains and vehicles passing through the level crossing increases.

Article 9. Regulations on protection at level crossings

1. For Grade I and Grade II level crossings, protective measures must be organized in accordance with Clause 1, Article 6 of this Circular.

2. For Grade III level crossings:

a) For Grade III level crossings where visibility does not meet the requirements specified in Section 11.4.3 - Appendix 1 of this Circular, protective measures must be organized in accordance with Clause 1, Article 6 of this Circular;

b) For Grade III level crossings where visibility meets the requirements specified in Section 11.4.3 - Appendix 1 of this Circular, protective measures must be organized in accordance with Clause 2, Article 6 of this Circular.

Article 10. Protection of signaling systems, equipment, and structures at level crossings

Signaling systems, equipment, and structures at level crossings are safety assurance means for traffic and accident prevention. All organizations and individuals must have the responsibility to protect them; they may not move, seize, damage, or reduce the effectiveness and impact of these systems as stipulated in this Article.

Article 11. Coordination in inspecting level crossings

Annually, the railway management agency shall take the lead and coordinate with the road management agency to conduct inspections and develop plans for repairing level crossings as follows:

1. For public level crossings and internal level crossings: led by the national railway management agency.

2. For dedicated level crossings: led by the dedicated railway management agency.

3. For urban level crossings: led by the urban railway management agency.

Article 12. Responsibilities of railway inspectors and road inspectors

Railway inspection forces and road inspection forces are responsible for inspecting and supervising compliance with laws regarding the protection of transportation works and traffic safety at level crossings as prescribed by law.

Chapter II

SCOPE OF VIEW, POSITION, ANGLE OF INTERSECTION

Article 13. Visibility at level crossings

Minimum visibility for drivers of road traffic vehicles and drivers of rail traffic vehicles must comply with the following regulations:

1. Road traffic vehicle drivers under normal weather conditions, at a distance from the level crossing equal to the braking distance for that grade, must be able to see the train at least as far as the lateral view of a car from the midpoint of the intersection according to Table 34 (Section 11.4.3 Appendix 1); when the train speed is less than 80 km/h, the visibility of the road traffic vehicle driver (driver) is taken as if the train speed were 80 km/h.

2. Rail traffic vehicle drivers from their positions, under normal weather conditions, must be able to see the level crossing from a distance of 1,000 meters or more.

3. Land within the visibility range of the level crossing must be marked with boundary stakes to define limits, and no architectural works or plants obstructing visibility may be built.

Article 14. Location of level crossings

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

a) Located on a straight section of railway track. In special cases where it is necessary to locate a level crossing on a curved section of railway track, the radius of curvature must be at least 300 meters;

b) Located at a distance of at least 100 meters from tunnel entrances and railway bridge abutments;

c) Located outside the signal leading to the station.

2. It is prohibited to locate level crossings within sections of railway track that have been merged or through recorded railway tracks.

Article 15. Intersection Angle of Level Crossings

The intersection angle between railway tracks and roads shall be a right angle (90°). In difficult terrain situations, the intersection angle shall not be less than 45°.

Chapter III

LEVEL CROSSING STRUCTURES AND ARCHITECTURE

Article 16. Road Sections at Level Crossings

Road sections at level crossings, in addition to complying with the technical standards corresponding to the road class, must also meet the specific requirements as follows:

1. The road section from the outermost rail edge outward must be straight for a length equal to the braking sight distance specified in Article 13 of this Circular, and in difficult terrain situations, it must not be less than 15 meters;

2. The width of the vehicle lane of the road section over the level crossing must be equal to the width of the vehicle lane on the road and must not be less than 6 meters. If the width of the vehicle lane on the road is less than 6 meters, the road section over the level crossing must be widened so that the road surface does not fall below 6 meters in width, with a length equal to the braking sight distance S1 according to Table 10 (Appendix 1) measured from the outermost rail edge in both directions plus an additional 5 meters;

On Class I and Class II level crossings and level crossings located within urban areas and residential zones, there must be a dedicated pedestrian path within the level crossing area;

3. From the outermost rail edge outward, the road section must be flat for a length of at least 16 meters, and in difficult situations, it must not be less than 10 meters. Following that section, there must be another section at least 20 meters long, with a slope not exceeding 3%; in mountainous areas and difficult terrain, the slope must not exceed 6%;

4. At level crossings, there must be a complete drainage system to prevent interference with the drainage of the railway and road areas;

5. Special cases must be reviewed and decided upon by the person responsible for establishing the level crossing as stipulated in Article 52 of this Circular.

Article 17. Road Surface within the Level Crossing Area

1. The road surface within the level crossing area is defined as follows:

a) The road surface between the two outermost rails, if constructed of asphalt concrete or cement concrete, must extend at least 31 meters between the two outermost rails and from each side outward beyond the marking indicating the point of intersection with the railway (Mark 65) by at least 1 meter, constructed of asphalt concrete or cement concrete but not less than 31 meters; in difficult situations, when the road is of lower class and the speed of vehicles is slow, it must extend at least 7 meters beyond the "stop" position but not less than 21 meters;

b) The road surface between the two outermost rails, if constructed of reinforced concrete slabs, must ensure:

- Laying reinforced concrete slabs from the outermost rail edge outward on each side by a minimum of 2 meters (in difficult situations, this can be reduced to 1 meter), with the reinforced concrete slab laid at the outer edge of the main rail having a width of at least 1 meter. The remaining part of the road surface must be constructed of asphalt concrete or cement concrete as specified in point a, Clause 1 of this Article;

- Or constructed of asphalt concrete or cement concrete from the outermost rail edge outward as specified in point a, Clause 1 of this Article.

2. The height of the level crossing road surface within the railway embankment must be equal to the rolling surface height of the main rail and may be higher than the rolling surface of the main rail by up to 10 millimeters.

3. The height of the level crossing road surface adjacent to the outer side of the main rail must be equal to the rolling surface height of the main rail and may be lower than the rolling surface of the main rail by up to 7 millimeters.

4. The level crossing road surface must be stable. Reinforced concrete slabs must be securely connected.

Article 18. Railways within the scope of level crossings

The railway section within the scope of the level crossing must meet the following requirements:

1. Technical requirements:

a) Along the inner edge of the main rail on straight sections or curved sections with a radius of 500 meters or more, there must be a rail gap width of 75 mm; for sections with a radius smaller than 500 meters, the rail gap width must be 75 mm plus half the curve allowance (the widening inside the curve).

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

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

d) Auxiliary rails placed vertically or special reinforced concrete slabs may be used to create rail gaps. When auxiliary rails are placed vertically, spacing must be provided; the spacing between each must not exceed 1.5 m, and bolts must be used to connect the auxiliary rails to the main rails.

đ) Both ends of the rail gap must be widened towards the inside of the railway track so that the end of the rail gap is 250 mm wide, with the start of the widening being 500 mm from the end of the rail gap.

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

g) All connecting parts securing the rails within the scope of the level crossing must be complete and firmly connected.

2. Material requirements:

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

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

Article 19. Level Crossing Guard Shelters

Level crossing guard shelters can only be constructed upon a decision by the competent authority granting permission for the level crossing and must satisfy the following conditions:

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

2. Located at a position where it can be observed from both sides of the road and railway, facilitating the work of the level crossing guards; it must not obstruct the view of traffic participants on the railway and road.

3. The nearest part of the level crossing guard shelter must be at least 3.5 m away from the outer rail edge and at least 3.5 m away from the edge of the vehicle lane, but not more than 10 m. The entrance door must open towards the road, the house wall must have windows with clear glass to see the road and railway clearly; the floor of the house must be higher than or equal to the rail surface; the working area in the level crossing guard shelter must be 12 square meters, in addition, there must be a bathroom, clean water, and lighting; other cases must be approved by the competent authority.²ngoài ra phải có phòng vệ sinh, nước sạch, ánh sáng; các trường hợp khác phải được cơ quan có thẩm quyền phê duyệt.

Chapter IV

SIGNALING AT LEVEL CROSSINGS

Article 20. Markers and Fixed Barriers

1. Along both edges of the road leading to the level crossing, markers must be installed according to the provisions of the National Technical Regulation on Road Signs QCVN 41:2012/BGTVT (Annex 2).

2. The marker closest to the railway must be 2.5 m away from the outer rail, the length of each row of markers measured from the outer rail must be at least 20 m, and the distance between each marker must be 1.5 m. Outside this range, the distance between markers must comply with the provisions of the National Technical Regulation on Road Signs QCVN 41:2012/BGTVT.

3. On level crossings with guards, the markers from the road barrier to the railway must be made of fixed barriers, the top of the fixed barrier posts must be equipped with continuous crossbars along the entire length of the barrier.

Article 21. Signal markings on the road leading to a level crossing

Article 21. Signal Markings on the Road Surface Leading to the Level Crossing

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

2. The location of the signal marking number 1.12 "Stop" must be 3 m from the road barrier towards the rear or 6 m from the outer rail edge towards the rear, depending on whether there is a barrier or not; the specifications of this marking follow the provisions of the National Technical Regulation on Road Signs QCVN 41:2012/BGTVT (Annex 2, marking number 1.12).

Article 22. Traffic signs at railway crossings

On both sides of the road leading to the railway crossing, traffic signs must be fully installed according to the national technical regulations on traffic signs QCVN 41:2012/BGTVT:

1. Before a manned railway crossing

a) With traffic lights on the road

- Sign number 210 "Intersection with railway track with barrier" (Annex 2);

- Sign number 242 (a, b) "Railway intersection with road" (Annex 2);

- Signal post, directional sign, and bell of the railway on the road;

At this railway crossing, sign number 242 (a, b) is placed on the signal post, bell of the railway. Sign number 242 (a, b) is above, light signal is below. Specifications are defined in Annex 2.

b) Without traffic lights on the road, electric bell

- Sign number 210 "Intersection with railway track with barrier" (Annex 2);

- Sign number 242 (a, b) "Railway intersection with road" (Annex 2).

2. Before an unmanned railway crossing

a) Before a railway crossing protected by automatic barriers and automatic warning

- Sign number 211 "Intersection with railway track without barrier" (Annex 2);

- Sign number 242 (a, b) "Railway intersection with road" (Annex 2);

- Signal post, directional sign, and automatic warning bell of the railway crossing ensuring standards and specifications as prescribed by the competent railway management authority.

- Railway crossing warning signal post.

At this railway crossing, sign number 242(a, b) is placed on the signal post, bell of the railway. Sign number 242(a, b) is above, signal light is below. Specifications are defined in Annex 2.

- Sign number 243 (a, b, c) "Railway intersection with road not perpendicular".

- To warn of the approaching position of the road intersection with the railway track at the same level and small angle difficult to observe, sign 243 (a, b, c) must be placed below sign 211 (Annex 2).

b) Before a railway crossing protected by traffic signs

- Sign number 211 "Intersection with railway track without barrier" (Annex 2);

- Sign number 242(a, b) "Railway intersection with road" (Annex 2) placed on the road 10 meters away from the outermost rail of the railway; directional sign;

- Sign number 243 (a, b, c) "Railway intersection with road not perpendicular".

To warn of the approaching position of the road intersection with the railway track at the same level and small angle difficult to observe, sign 243 (a, b, c) must be placed below sign 211 (Annex 2).

Article 23. Location of traffic lights, bells, and warning signal posts at railway crossings

1. For railway crossings equipped with traffic lights and bells on the road, traffic lights and bells on the road (except for cases where the road intersects with another road running parallel to the railway) must be placed before the barrier (or attached to the barrier post) or placed at least 6 meters away from the outermost rail.

2. Warning signal posts at railway crossings must be located on the left side of the railway facing the direction of odd-numbered trains, the outer edge of the post must be 2,170mm from the centerline of the railway for a gauge of 1,000mm and 2,610mm for a gauge of 1,435mm, and at least 5,000mm from the edge of the road at the railway crossing.

Article 24. Requirements for traffic lights, bells, and warning signal posts at railway crossings

Traffic lights, bells on the road, and warning signal posts at railway crossings specified in Article 22 of this Circular must meet the following requirements:

1. Traffic lights must have two red lights placed horizontally, these two lights must alternate flashing when turned on. When a train is approaching the railway crossing, the traffic lights turn on, prohibiting passage through the crossing. When the train has passed the crossing and the barrier is fully open, the traffic lights turn off, allowing normal passage on the road.

2. The time when traffic lights turn on must ensure at least:

a) 60 seconds when using automatic traffic lights (for railway crossings with automatic warning signals);

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

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

3. At first and second-class railway crossings, electric traffic lights must be used. Light intensity must comply with the regulations for road traffic lights.

4. Electric bells must be installed on the same traffic light post; when the bell rings, it must have sufficient volume to be heard by pedestrians 15 meters away. The bell rings when a train approaches the crossing. The bell stops when the barrier is fully closed.

5. Warning signal posts at railway crossings must use concrete posts 10 meters high buried 2 meters deep, equipped with anti-sinking and anti-toppling plates; the visibility range of the signal must be continuous and greater than 800 meters for normal terrain, and not less than 400 meters for difficult terrain.

When encountering a flashing yellow light signal indicating a railway crossing malfunction, the train driver must limit speed to under 15 km/h until the train passes the crossing.

Article 25. Brightness and Angle of Light Emission of Roadway Signal Lights at Railway Crossings

1. The brightness and angle of light emission of signal lights must ensure that drivers of road traffic vehicles can see the signals from a distance of 100 meters or more.

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

The layout of roadway signal lights is shown in Appendix 3 attached to this Circular.

Article 26. Position of Horn Warning Sign

On both sides of the railway approaching a crossing, a "Horn Warning" sign must be placed. The position and specifications of the sign are stipulated in the National Technical Regulation on Railway Signals QCVN 06:2011/BGTVT.

Article 27. Authority to Decide on the Placement of Blocking Signals

At railway crossings with guards, when it is necessary to place blocking signals, the authority responsible for establishing the crossing shall decide, except for the following crossings:

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

2. Crossings within the protection range of entry station signals, exit station signals, or holding yard signals, through signals on railways equipped with automatic crossing gates or other protective signals, where these signals are less than 800 meters from the crossing.

Article 28. Position of Blocking Signals on Railways

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

Where multiple guarded crossings are located close together and the distance between two crossings is less than 500 meters without being able to be improved according to Article 51 of this Circular, blocking signals on the railway shall be arranged at both ends of the common area for those crossings.

2. Blocking signals must be placed on the left side facing the direction of train approach to the crossing. In cases of special difficulty, the authority responsible for establishing the crossing may decide to place them on the right side facing the direction of train approach to the crossing.

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

Article 29. Operation of Blocking Signals on Railways

1. Blocking signals on railways are red signals, and when activated, they indicate a stop for trains.

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

3. For guarded crossings located within an area equipped with automatic crossing gates, regardless of whether there are blocking signals on the railway or not, equipment must be installed to switch the nearest crossing gate to the closed state so that the crossing guard can operate promptly when there is an obstacle affecting train operation on the crossing.

Article 30. Communication Equipment at Crossing Guard Shacks

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

Article 31. Signal Equipment and Crossing Protection Equipment

1. For guarded crossings

Signal equipment and crossing protection equipment operating by electricity for guarded crossings must be centrally controlled at the crossing guard shack; if centralized control cannot be achieved, permission must be granted by the authority responsible for establishing the crossing.

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

2. For automatic crossing protection systems, including: Automatic barrier protection and automatic warning protection

Automatic signals on the roadway must ensure clear and timely notification under all weather conditions regarding the status of the crossing closure.

When the equipment of the automatic crossing protection system has a malfunction and cannot issue a prohibition signal for road traffic, the local railway management unit must urgently repair and restore the automatic crossing protection system as soon as possible. Meanwhile, during the repair period, the local railway management unit must organize crossing protection according to the following measures:

a) There must be a warning signal (flashing yellow light) on both the railway and roadway sides.

b) Personnel must be assigned to organize protection at the crossing.

Article 32. Lighting at level crossings

Level crossings with guards where there is access to the national power grid must be equipped with lighting during the night and during the day when there is fog. The light from the lamps must be sufficient for the drivers of railway and road vehicles to clearly see the signals given by the guard.

Article 33. Technical provisions for level crossing barriers

1. Level crossings with guards must have barriers placed at both ends of the road leading to the level crossing. The barrier beam must be set 6 meters away from the outer rail. In cases where the terrain is limited, the barrier beam must not violate the adjacent architectural limits of the railway.

2. The barrier beam may be made smooth or suspended with metal plates or metal mesh.

3. All barrier beams (except automatic barrier beams) must have a locking mechanism to prevent them from moving on their own.

Article 34. Operation of opening and closing level crossing barriers

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

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

3. When the barrier is open, no part of the barrier must obstruct the clearance height of the road.

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

Article 35. Types of level crossing barriers

Barriers at level crossings with guards are divided into two types: barrier arms and barrier frames. Specifications and technical standards for barrier arms and frames are defined according to the diagram in Appendix 4 of this Circular.

Article 36. Time for Closing Barriers

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

a) 40 seconds for automatic barriers;

b) 60 seconds for electric barriers and winches;

c) 90 seconds for manual barriers.

2. Barriers must not be closed more than 3 minutes prior for Class I and Class II level crossings and more than 5 minutes prior for Class III level crossings before the train reaches the level crossing; except for level crossings with specific regulations set by the Ministry of Transport.

Article 37. Operation of Automatic Barrier Mechanisms and Equipment

Automatic barrier mechanisms and equipment must ensure operation in the following sequence:

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

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

Level crossings equipped with automatic barrier arms and without guards can only use the type that closes half or two-thirds of the road surface. The remaining part of the road without a barrier arm must be at least 3 meters wide and located on the left side of the direction of vehicle travel into the level crossing.

Article 38. Positioning of Warning Signs and Bells on the Road for Level Crossings Not Meeting Technical Standards

1. Where the road runs parallel to the railway and has a branch leading to the railway, if the distance from the branch point to the outer rail of the railway on the same side is less than 10 meters, a three-dimensional intersection or a detour road must be constructed to extend the branch section sufficiently to place warning signs, markers, and road markings.

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

a) When the length of the road section is less than 10 meters: Two additional signs "place where the railway intersects with the road" (sign number 242a or 242b) and a warning light post and electric bell must be installed on the road running parallel to the railway, perpendicular to the direction of vehicle travel on the road. Specifications for the signs are as stipulated in Article 22 of this Circular.

The sign placement is at the roadside, at the intersection between the road leading into the railway and the road running parallel to the railway;

b) When the length of the road section is between 10 meters and 50 meters: Only one additional sign "place where the railway intersects with the road" (sign number 242a or 242b) and a warning light post and bell must be installed on the road running parallel to the railway (for level crossings with guards and automatic warnings);

c) When the length of the road section exceeds 50 meters: Warning signs must be placed according to the provisions of Article 22 of this Circular.

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

Article 39. Traffic signals on roads when the distance from the road intersection to the level crossing is less than 50 meters

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

1. Install traffic signals on roads at intersections if there are no traffic lights at the intersections to inform pedestrians and vehicles approaching the level crossing to stop at the intersection before the road barrier ahead is closed.

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

2. Traffic signals on roads parallel to railways must display signs consistent with railway signal indications (when the road entering the level crossing is closed for trains; the road parallel to the railway must be clear).

Article 40. Installation of traffic signs on roads leading to level crossings where both railroads and roads run parallel

When a road intersects both a railroad and another road running parallel to the railroad, the installation of traffic signs on roads leading to the level crossing shall be carried out according to the following provisions:

1. For the direction of the road entering the level crossing that first intersects with another road and then with the railroad, it shall comply with the provisions set forth in Article 38 of this Circular;

2. For the direction of the road entering the level crossing that does not intersect with another road, it shall comply with the provisions set forth in Article 22 of this Circular.

Chapter V

PROVISIONS ON TRAFFIC AT LEVEL CROSSINGS

Article 41. Traffic on level crossings

Pedestrians and vehicles participating in road traffic when crossing level crossings must comply with the following regulations:

1. Priority must be given to railway traffic;

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

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

b) The barrier blocking the road;

c) Light signals and bell sounds.

3. When there is a stop signal (command from the crossing guard, red flag, red sign, red light, horn, bell ringing, barrier closed), all pedestrians and vehicles participating in road traffic (including those with priority rights) must stop on the right side of their respective lanes and before the stop signal (before the "stop line" specified in Article 21 of this Circular).

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

5. It is prohibited for unauthorized persons to climb, move, or touch any signals or equipment at the level crossing; enter the level crossing guard house.

6. For level crossings specified in point c, Clause 2, Article 6 of this Circular, pedestrians and drivers participating in road traffic when approaching the level crossing must stop, observe the traffic signs, listen to the train horn, observe the railway tracks from both sides of the level crossing from a distance, if they see a train or railway vehicle approaching the level crossing, they must stop at least 5 meters away from the outermost rail and bear full responsibility for any accidents that occur.

Article 42. Stopping and parking within the level crossing area

1. Within the level crossing area, turning around and stopping or parking vehicles is prohibited.

2. When it is necessary to park near a level crossing, the driver of the road traffic vehicle must follow the traffic signs; where there are no traffic signs, the vehicle must be parked at least 10 meters away from the barrier in places where barriers exist, or at least 20 meters away from the outermost rail in places without barriers, but must not obstruct the view of the level crossing signal system observer.

Article 43. Special vehicles when crossing level crossings

Track-laying vehicles, various types of steel-wheeled rollers, and special transport vehicles carrying oversized, overweight, or over-dimensional goods exceeding the permissible limits for road traffic, must notify the crossing guard in advance before passing through the level crossing so that the guard can arrange and guide them through the level crossing. Where there is no crossing guard, they must notify the direct management unit of the railway section to assign personnel to protect and guide them through the level crossing.

Article 44. Handling Obstacles on Level Crossings

When a road traffic vehicle is damaged, involved in an accident, or its cargo falls at a level crossing without barrier personnel, and the nearest point of the vehicle or cargo to the outermost rail is less than 1.7 meters, the person in charge of the road traffic vehicle must take measures to signal the train to stop before the obstacle according to the provisions set out in Appendix 5 of this Circular.

Article 45. Primitive Vehicles and Livestock Crossing Level Crossings

A group of primitive vehicles or a herd of livestock crossing a level crossing must be divided into smaller groups in accordance with the laws on road traffic. For livestock crossing a level crossing, the person leading the livestock must guide them.

Article 46. Persons Controlling Railway Traffic Vehicles Crossing Level Crossings

As they approach a level crossing, persons controlling railway traffic vehicles must sound the horn, pay attention to the signals blocking the road, and warning signals for level crossings (if available), and observe the level crossing to quickly brake the train upon seeing a stop signal or encountering an obstacle on the level crossing.

Article 47. Stopping and Parking Trains on Level Crossings During Maintenance and Repair of Railways

1. When maintaining or repairing railways and it is necessary to stop or park trains on level crossings affecting road traffic, permission from the railway infrastructure business enterprise and written agreement from the road management unit are required.

2. In cases where stopping or parking trains on level crossings is mandatory; consolidating or breaking up trains, those responsible must find ways to quickly clear road traffic congestion.

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

Chapter VI

ORGANIZATION OF CROSSING PROTECTION

Article 48. Means, Equipment, and Level Crossing Guards

1. Level crossings must be equipped with all means and equipment as prescribed.

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

Article 49. Responsibilities for Organizing Level Crossing Protection

1. The head of the railway infrastructure business enterprise is responsible for organizing the protection of public level crossings and internal level crossings.

2. Organizations and individuals with dedicated railways are responsible for organizing the protection of dedicated level crossings.

3. The Chairman of the Provincial People's Committee is responsible for organizing the protection of urban level crossings.

4. Organizations and individuals as stipulated in Clause 1, Clause 2, and Clause 3 of this Article are responsible for organizing level crossing protection appropriate to the level crossing class.

5. The Director of the Vietnam Railway Administration shall provide guidance on organizing level crossing protection.

Chapter VII

MANAGEMENT AND CONSTRUCTION OF LEVEL CROSSINGS

Article 50. Construction of Projects Near Level Crossings

When constructing new residential areas, industrial zones, entertainment facilities, schools, commercial centers, hospitals, and other projects within the protected area of level crossings, if a level crossing must be built through the railway, there must be a minimum distance of 25 meters from the nearest point of the project to the centerline of the railway, and written agreement from the competent authority must be obtained right from the project planning stage.

Article 51. Conditions for constructing level crossings

1. For new construction or upgrading of national railway mainlines intersecting with Class I, II, and III roads, a grade-separated intersection must be built. Existing level crossings should gradually be replaced with overpasses or underpasses.

2. In cities, towns, and densely populated market towns, if the distance between two level crossings is less than 500 meters, or elsewhere if the distance is less than 1,000 meters, overpasses or underpasses must be constructed.

3. Construction of level crossings can only proceed after obtaining a decision (permit) establishing the project and design documents approved by the competent authority.

Article 52. Competence to decide (issue permits) on establishment, renovation, and upgrading of level crossings

The competence to decide (issue permits) on the establishment, renovation, and upgrading of level crossings is stipulated as follows:

1. Level crossings of Class I, II, and III intersecting national railways and roads of all classes shall be decided by the General Director of Vietnam Railway Corporation.

2. Special level crossings related to national highways shall be decided by the General Director of Vietnam Highway Administration; those related to local roads shall be decided by the Director of the Department of Transport.

3. Urban level crossings shall be decided by the competent authority according to the regulations of the provincial People's Committee.

4. Special level crossings that need to be established, renovated, or upgraded must be reviewed and decided by the Minister of Transport.

5. The competent authorities specified in Clauses 1, 2, 3, and 4 of this Article shall be responsible for deciding (issuing permits) to upgrade level crossings when the road class through the level crossing changes or the number of trains and vehicles passing through increases.

Article 53. Responsibilities of railway infrastructure business enterprises and local authorities in managing level crossings

1. Responsibilities of railway infrastructure business enterprises in managing level crossings:

a) Railway infrastructure business enterprises have the responsibility to protect, inspect, promptly detect, and proactively propose, and coordinate with local authorities to dismantle level crossings without establishment decisions from the competent authority as stipulated in Article 52 of this Circular.

b) Annually, railway infrastructure business enterprises shall take the lead and coordinate with road management units and local authorities where there are level crossings to compile statistics on train and vehicle traffic at level crossings to make recommendations or organize appropriate level crossing protection measures in accordance with this Circular.

2. Responsibilities of local authorities in managing level crossings:

Local authorities where there are level crossings have the responsibility to organize propaganda and education for the people, organize prevention, interception, and timely handling of illegal level crossing openings; take the lead and coordinate with railway infrastructure management units to inspect, detect, and promptly remove trees and structures affecting the visibility of railway and road traffic controllers in the level crossing area.

Article 54. Procedures for proposing establishment, abolition, renovation, and upgrading of level crossings

1. During the project planning process, organizations and individuals must have an agreement document from the level crossing construction permit issuing authority regarding location, land use, technical solutions, traffic safety, investment capital, management, and operation plans. The agreement procedure is stipulated as follows:

a) Organizations and individuals submit one set of application documents directly or send them via postal services to the authority specified in Article 52 of this Circular.

b) The issuing authority receives and checks the documents according to regulations. If the documents are complete upon direct submission, the authority issues a receipt and sets a date for result delivery.

If the documents are incomplete, the issuing authority guides the organization or individual to supplement and complete the documents according to regulations. The time taken to complete the documents does not count towards the agreement processing period.

c) The components of the agreement proposal include:

- A request for agreement on establishing (or renovating, upgrading) a level crossing according to the model prescribed in Appendix 6 attached to this Circular;

- A sketch map showing the proposed location (or renovation, upgrading) of the level crossing.

d) The time limit for agreeing to construct a level crossing intersecting national railways and roads is no more than 20 working days from the date of receiving complete documents as stipulated. If agreement cannot be reached, a written response with reasons must be provided within the specified time frame.

2. Before establishing, renovating, or upgrading a level crossing, organizations and individuals must obtain a construction permit for the level crossing. The permit issuance procedures are as follows:

a) Organizations and individuals submit one set of application documents directly or send them via postal services to the authority specified in Article 52 of this Circular.

b) The issuing authority receives and checks the documents according to regulations. If the documents are complete upon direct submission, the authority issues a receipt and sets a date for result delivery.

If the documents are incomplete, the issuing authority guides the organization or individual to supplement and complete the documents according to regulations. The time taken to complete the documents does not count towards the processing period for the establishment, renovation, or upgrading of the level crossing.

c) The components of the application for establishing, renovating, or upgrading a level crossing include:

- An application for establishing, renovating, or upgrading a level crossing according to the model prescribed in Appendix 9 attached to this Circular;

- Technical design documents or construction drawings already approved by the competent authority; the drawings must show the location plan, cross-sections, longitudinal sections of the railway and road at the level crossing, and related works, protective measures, and traffic safety measures;

- Agreements from railway infrastructure management enterprises and competent road management agencies (if relevant).

d) Review of the application for a permit:

- Based on the received documents, in accordance with legal provisions and opinions of related organizations and individuals, the issuing authority reviews the documents and conducts on-site inspections (if necessary) to decide on issuing or refusing the permit.

- When it is necessary to verify information related to other organizations or agencies for the issuance of a permit that does not fall within the responsibility of the organization or individual requesting the permit, the issuing authority has the responsibility to seek opinions from relevant agencies and organizations to clarify such information.

- Within ten working days from the date of receipt of the request letter from the issuing authority, the agencies and organizations asked for their opinions must respond in writing. If no written response is received beyond this period, it shall be deemed that the agency or organization asked for its opinion has approved, and it shall bear all consequences resulting from the failure to respond or delayed response.

d) The construction permit for railway crossings shall be issued within twenty working days from the date of receiving complete application files as prescribed.

The construction permit for railway crossings shall be made in ten original copies with identical contents and according to the model specified in Appendix 13 attached hereto; one copy shall be sent to the organization or individual requesting the permit, seven copies shall be sent to the enterprise operating railway infrastructure for dissemination to relevant units, one copy shall be sent to the Vietnam Railway Administration, and one copy shall be kept at the issuing authority.

3. Prior to commencing construction work, the organization or individual must coordinate with the enterprise managing railway infrastructure regarding the construction schedule and may only commence construction work upon receipt of a written agreement on construction from the enterprise managing railway infrastructure.

4. Extension of construction permit for railway crossings

Within twelve months from the date of issuance of the construction permit for railway crossings, if the project has not commenced construction or if the project has not been completed and handed over for use within the time limit specified in the construction permit, the organization or individual requesting the construction permit for railway crossings must prepare an application for extension of the construction permit for railway crossings.

a) The organization or individual submits one set of application files directly or through the postal service to the issuing authority.

b) The issuing authority receives and checks the documents according to regulations. If the documents are complete upon direct submission, the authority issues a receipt and sets a date for result delivery.

In case the application files are incomplete as required, the issuing authority shall guide the organization or individual requesting the extension to supplement and complete the application files in accordance with the regulations. The organization or individual requesting the extension of the Permit has the responsibility to supplement and complete the application files within five working days. The time taken to complete the application files shall not be counted towards the deadline for issuing the extended permit.

c) The components of the application for an extended permit include:

- A request form for extending the construction permit for railway crossings as stipulated in Appendix 14 attached hereto;

- The original or certified copy of the previously issued construction permit for railway crossings.

d) The time for reviewing and issuing an extended construction permit for railway crossings shall not exceed five working days from the date of receiving complete application files as prescribed.

đ) The authority responsible for issuing an extension of the construction permit for railway crossings is the authority that issued the original construction permit for railway crossings. The model of the decision to extend the construction permit for railway crossings is specified in Appendix 15 attached hereto.

5. All railway crossing structures and equipment, once completed, must be inspected and handed over to the management unit in accordance with current regulations. The inspection body must have representatives from the construction unit; railway management units, and local road management units.

6. The railway management units and road management units are responsible for monitoring railway crossings with limited usage periods and shall require the user units to dismantle them when the usage period expires.

Article 55. Funding for construction, renovation, and upgrading of railway crossings

Any organization proposing to establish, renovate, or upgrade railway crossings, construct underpasses or overpasses over railways must comply with the following investment funding regulations for construction:

1. New construction, renovation, and upgrading of railway crossings intersecting with roads shall be undertaken by the railway project investor.

2. New construction, renovation, and upgrading of national highways intersecting with railways shall be undertaken by the national highway project investor.

3. New construction, renovation, and upgrading of provincial, district, commune, and urban roads intersecting with railways shall be funded from local government budgets, other sources of capital, and contributions from the public.

4. Organizations, enterprises, companies, and entities establishing new railway crossings, or renovating and upgrading existing ones, must bear their own costs.

Article 56. Capital for management and repair of railway crossings

1. Capital for managing and repairing railway crossings shall be allocated from central and local government budgets and from organizations and individuals proposing the establishment of railway crossings.

2. The competent authority deciding on the establishment of a railway crossing must clearly specify the source of capital for its management, maintenance, and repair.

Article 57. Scope of Management of Railway Crossings

1. The scope of management of railway crossings shall be the responsibility of railway infrastructure business enterprises and includes:

a) Guard houses, fixed fences, posts, signal signs, signals, information boards, lighting on both the railway and road within the railway crossing area;

b) Roadbed and surface of the road according to Clause 1 of Article 4 of this Circular;

c) Land within the safe traffic zone at railway crossings.

2. The scope of management of railway crossings shall be the responsibility of organizations and individuals managing roads and includes:

a) Roadbed and surface of the road, traffic signs, and lane markings on the road leading up to the railway crossing outside the area specified in Clause 1 of Article 4 of this Circular;

b) Land within the safe traffic zone at railway crossings.

3. Railway crossing management units must ensure that all assigned facilities, equipment, and signals are always in operational condition at railway crossings.

Article 58. Regulations on Traffic Safety During Railway Crossing Repairs

1. When repairing railway crossings affecting road traffic, the railway construction unit must coordinate with the road management agency, ensuring that neither road nor railway traffic is obstructed during repairs. During repairs, traffic safety must be ensured; if necessary, personnel must guide pedestrians and vehicles through the crossing; warning signs must be placed, red lights at night; between repair sessions, personnel must direct and guide road traffic safely through the crossing.

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

3. After completion of repairs, railway crossings must be inspected and handed over according to regulations.

Chapter VIII

IMPLEMENTING PROVISIONS

Article 59. Effective Date

1. This Circular takes effect from January 1, 2013.

2. This Circular replaces the Railway Crossing Regulations issued together with Decision No. 15/2006/QĐ-BGTVT dated March 30, 2006, and Article 2 of Circular No. 28/2011/TT-BGTVT dated April 14, 2011, of the Ministry of Transport.

3. The establishment, abolition, renovation, and upgrading of railway crossings must comply with the provisions of this Circular. Existing railway crossings not conforming to the provisions of this Circular must gradually be renovated and repaired to meet the requirements of this Circular based on available financial resources; until such conditions are met, necessary measures must be taken to ensure traffic safety.

Article 60. Implementation organization

The Head of the Ministry's Office, the Inspector General of the Ministry, the Heads of Departments, the Directors of General Departments, the Directors of Bureaus, the Heads of agencies and organizations, and individuals concerned shall be responsible for implementing this Circular.