Circular No. 37/2014/TT-BGTVT on the scope of protection for urban rail transit works and traffic safety zones

CIRCULAR

Provisions on the scope of protection for works,

 the safe traffic corridor for urban rail transit

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

Pursuant to Decree No. 107/2012/NĐ-CP dated December 20, 2012 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Transport;

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

The Minister of Transport shall issue a Circular stipulating the scope of protection for works and the safe traffic corridor for urban rail transit.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Circular stipulates the scope of protection for works and the safe traffic corridor along the route, at stations, and depots of urban rail transit (excluding monorail, tramway, national railway, and dedicated railways running through urban areas).

2. For ventilation systems, power supply systems, water supply and drainage systems, information and signaling systems, fire prevention and explosion control facilities, rescue and emergency response facilities, station access tunnels, and other auxiliary works and equipment, the scope of protection for works shall be implemented in accordance with relevant laws and regulations.

Article 2. Applicability

This Circular applies to organizations and individuals involved in urban rail transit activities in Vietnam from the planning stage, investment preparation, implementation of construction, management, maintenance, operation of works, as well as when participating in other activities in adjacent areas to the scope of protection for works and the safe traffic corridor for urban rail transit that may cause safety risks to urban rail transit works.

Article 3. Explanation of Terms

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

1. Urban rail transit works are construction works serving urban rail transport, including roads, bridges, culverts, tunnels, retaining walls, stations, depots, station access tunnels, drainage systems, ventilation systems, information and signaling systems, power supply systems, fire prevention and explosion control facilities, and other auxiliary works and equipment of urban rail transit.

2. The scope of protection for urban rail transit works urban area is the area surrounding urban rail transit works aimed at preventing acts that infringe upon the stability and lifespan of the works and facilitating maintenance work for urban rail transit works.

3. Safe traffic corridor for urban rail transit is the clearance along the rail track to ensure train safety and serve rescue operations when necessary.

4. Depot (depot) is the place where trains are assembled, parked, maintained, repaired, and other technical operations are carried out.

5. Station is the place where trains stop, park, pick up, and drop off passengers; provide necessary services and amenities for passengers traveling by train; and install operational equipment and machinery for train movement.

6. is a railway work inside a railway station to serve passengers boarding and alighting trains, loading and unloading goods. is the section of rail track connecting two adjacent stations.

7. No-building zone for other works is the land area surrounding the tunnel to protect urban rail transit works within which no other works that affect the stability, lifespan, and safety of urban rail transit works can be constructed.

8. Construction control zone for other works is the land area above and outside the no-building zone for other works within which new construction or renovation of existing works must be strictly controlled to prevent any impact on the stability, lifespan, and safety of urban rail transit works.

Article 4. General Principles

1. For urban rail transit on elevated structures, the boundary of the safe traffic corridor always lies within the scope of protection for the rail transit. The outer boundary of the safe traffic corridor for urban rail transit coincides with the outer boundary of the scope of protection for urban rail transit.

2. The scope of protection for urban rail transit works varies depending on whether the rail runs elevated, at ground level, or underground; depending on land availability and approved by the authority responsible for approving the urban rail transit project.

3. Determining the scope of protection for urban rail transit works must follow the following principles:

a) Ensuring safety for the works and train operation;

b) Facilitating maintenance work and rescue operations when necessary;

c) Saving space and land resources.

4. Within the scope of protection for urban rail transit works, no construction of works or installation of equipment for other purposes is allowed; occupation of space is prohibited; and any acts that infringe upon the stability, lifespan of the works, and train safety are not permitted.

5. When constructing new or renovating existing works within the scope of protection for urban rail transit works, the owner of the works must negotiate with the managing authority of the urban rail transit line and obtain permission from the competent authority in accordance with the law.

6. In cases where urban rail transit runs elevated, temporary use of the ground and space under the elevated structure for road traffic may be permitted provided that traffic safety and urban aesthetics are ensured; such use must also be approved by the competent authority in accordance with the law.

Chapter II

SCOPE OF PROTECTION FOR URBAN RAIL TRANSIT WORKS

Section 1

SCOPE OF PROTECTION

FOR URBAN RAIL TRANSIT WORKS ON ELEVATED STRUCTURES

Article 5. Above the track clearance

1. The vertical protection range for urban rail transit structures shall not be less than 2.0 meters (m) from the highest point of the bridge structure and shall not be lower than the following values measured from the top of the rail:

a) 6.3 meters (m) for lines using overhead power collection method;

b) 4.3 meters (m) for lines using third-rail power collection method.

2. The horizontal protection range for urban rail transit structures shall not be less than 3.0 meters (m) from the outermost edge of the bridge structure on both sides.

Article 6. At the station

1. The vertical protection range for station structures of urban rail transit shall not be less than 2.0 meters (m) from the highest point of the station structure.

2. The horizontal protection range for station structures of urban rail transit shall not be less than 3.0 meters (m) from the outermost point of the station structure.

3. In cases where the urban rail transit station is part of a multi-purpose building complex, the protection range for the station structure includes the entire structure and space allocated for the station.

Section 2

PROTECTION RANGE FOR URBAN RAIL STRUCTURES

ON THE SURFACE

Article 7. Above the track clearance

1. The vertical protection range for urban rail transit structures shall be implemented according to Clause 1 of Article 5 of this Circular.

2. The horizontal protection range for urban rail transit structures shall not be less than the following values:

a) For embankment tracks, it is 3.0 meters (m), measured from the base of the embankment or the outer edge of the retaining wall (detailed description in Figure 1 of Appendix I of this Circular);

b) For cut tracks, it is 3.0 meters (m), measured from the top of the cutting base or the inner edge of the top of the retaining wall (detailed description in Figure 2 of Appendix I of this Circular);

c) For non-embankment, non-cut tracks, it is 6.1 meters (m), measured from the centerline of the outermost track on both sides (detailed description in Figure 3 of Appendix I of this Circular).

3. The horizontal protection range for urban rail transit structures for bridges with a length under 20.0 meters (m) shall be implemented according to the protection range regulations for structures at both ends of the bridge (detailed description in Figure 4 of Appendix I of this Circular); for bridges with a length of 20.0 meters (m) or more, it shall be implemented according to Clause 2 of Article 5 of this Circular.

Article 8. At station

1. The protection range for station structures of urban rail transit when running on the surface is regulated as stipulated in Article 6 of this Circular.

2. In cases where the station has surrounding walls, the protection range for the station structure is measured from the outer edge of the surrounding wall inward.

Article 9. At the depot

The protection range for depot structures includes the surrounding wall, boundary markers, and the entire land area and airspace within the surrounding wall and boundary markers.

Section 3

PROTECTION RANGE FOR URBAN RAIL STRUCTURES UNDERGROUND

Article 10. Protection range for urban rail transit structures underground

1. The protection range for urban rail transit structures underground includes the no-construction zone and the construction control zone.

2. Within the no-construction zone, no other structures may be constructed.

3. When constructing new or renovating existing structures within the construction control zone, the subject must comply with the provisions of Clause 5 of Article 4 of this Circular.

4. The protection range for urban rail transit structures underground is detailed in Figures 5, 6, and 7 of Appendix II of this Circular.

Article 11. Areas Prohibited from Constructing Other Structures

The area prohibited from constructing other structures is the land surrounding the tunnel, with a cross-section in the shape of a rectangle, defined as follows:

1. For round tunnels, above and below the tunnel top or bottom, it is one time the diameter of the tunnel shell; on both sides, it is half the outer diameter of the tunnel shell.

2. For rectangular tunnels, above and below the tunnel top or bottom, it is a distance of 6.0 meters (m); on both sides, it is a distance of 3.0 meters (m) from the outer edge of the tunnel.

3. For tunnels with other cross-sectional shapes, they are treated as either round or rectangular tunnels depending on which shape the tunnel cross-section most closely resembles.

Article 12. Construction control zone for other works

1. The construction control zone for other structures is the land above and outside the area prohibited from constructing other structures, within the scope of a trapezoid with the smaller base (at the bottom) being a horizontal line dividing the area prohibited from constructing other structures in half, and the larger base being the natural ground surface (at the top), with the size of the larger base determined as follows:

a) In the interval, it is 30.0 meters (m), measured from the centerline of the tunnel outward on each side;

b) At the underground station area, it is 40.0 meters (m), measured from the centerline of the tunnel outward on each side.

2. In cases where the underground station is part of a multi-functional complex project, the protection range of the underground station structure includes the entire structure and space allocated for the underground station.

Section 4

SCOPE OF PROTECTION FOR URBAN RAIL TRANSIT WORKS

IN SPECIAL CASES

Article 13. Overlapping with Road Safety Zones or Protection Zones of Historical and Cultural Relic Structures

1. In cases where the protection zones of urban rail transit structures and road safety zones overlap, the distance between the outer edges of the two structures along the horizontal plane must not be less than 0.1 meters (m). The structure constructed later must implement necessary reinforcement measures to ensure overall absolute safety.

2. During the implementation of urban rail transit projects, if historical and cultural relic structures cannot be relocated or require particularly difficult compensation and clearance, the protection zone of the urban rail transit structure at that location may be reduced, specifically as follows:

a) For elevated urban rail transit structures, the distance from the outer edge of the urban rail transit structure to the protection zone of the historical and cultural relic structure must not be less than 0.1 meters (m);

b) For urban rail transit structures on the ground, the distance from the centerline of the outermost track to the protection zone of the historical and cultural relic structure must not be less than 3.1 meters (m);

c) In addition to the provisions of points a and b of Clause 2 of this Article, when constructing urban rail transit structures near historical and cultural relic structures, compliance with laws on cultural heritage must be ensured.

3. The authority responsible for deciding to invest in urban rail transit construction projects shall decide and bear responsibility according to the law for the special cases mentioned in Clauses 1 and 2 of this Article; simultaneously, they must implement necessary technical solutions to avoid affecting the stability, lifespan, and safety of the structures.

Chapter III

MANAGEMENT AND PROTECTION OF THE URBAN RAIL TRANSIT STRUCTURE PROTECTION ZONE

URBAN RAIL TRANSIT STRUCTURE PROTECTION ZONE

Article 14. Protection activities

Protection activities for the protected area of urban railway works shall be carried out in accordance with the provisions of the Railway Law and relevant laws.

Article 15. Management and protection responsibilities

Management and protection responsibilities for the protected area of urban railway works shall be implemented in accordance with Articles 7, 8, 36, 61, and Article 80 of the Railway Law.

Chapter IV

IMPLEMENTING PROVISIONS

Article 16. Effectiveness of Implementation

This Circular shall take effect from November 1, 2014.

Article 17. Provisions Transfer

For the protected area of urban railway works belonging to investment projects for construction works that have been approved by competent state agencies before the effective date of this Circular, implementation shall be carried out in accordance with the approval decision.

Article 18. Organization for Implementation currently

1. The Director of the Ministry's Office, the Inspector General of the Ministry, the Heads of Departments, the Director of the Vietnam Railway Administration, the General Director of the Vietnam Railway Corporation, the Chairman of the Traffic Safety Committee, the Directors of Transport Departments of provinces and centrally governed cities, the Heads of agencies, organizations, and individuals related to this Circular shall be responsible for its implementation.

2. During implementation, if any difficulties arise, organizations and individuals shall promptly reflect them in writing and send to the Ministry of Transport for consideration and resolution./.