Decree No. 56/2018/ND-CP on management and protection of railway infrastructure structures

DECREE

Regulations on management and protection of railway infrastructure

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Pursuant to the Law on Government Organization dated June 19, 2015;

Pursuant to the Railway Law dated June 16, 2017;

At the proposal of the Minister of Transport;

The Government promulgates this Decree stipulating regulations on management and protection of railway infrastructure.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates regulations on management and protection of railway infrastructure, including: Naming railway lines and stations; dismantling railway lines, sections, and stations; scope of protection for works and railway traffic safety zones; management, use, and exploitation of land reserved for railways; responsibilities for management and protection of railway infrastructure.

Article 2. Applicability

This Decree applies to organizations and individuals, both domestic and foreign, related to activities of managing and protecting railway infrastructure and adjacent activities within the railway land area that affect the safety of works and railway transportation safety.

Article 3. Explanation of Terms

1. The scope of protection for railway works is the limit determined by airspace, land, and water areas surrounding railway works to manage, protect, and prevent acts that infringe upon the stability of railway works and ensure their safety.

2. The railway traffic safety zone is the area determined by airspace, land, and water areas surrounding the scope of protection for railway works to ensure railway traffic safety; serve rescue operations when necessary and ensure visibility for traffic participants.

3. The railway traffic safety zone at level crossings is the land, airspace, and water areas surrounding railway works and road works at level crossing areas to ensure traffic safety at level crossings, serve rescue operations when necessary and ensure visibility for traffic participants.

4. Dismantling railway lines, sections, and stations involves removing and not reusing all works and components of the railway lines, sections, and stations.

5. Essential works include works serving security and defense requirements; works with special technical requirements that cannot be located outside the scope of protection for railway infrastructure such as: Telecommunications; power; pipelines for water supply, drainage, fuel, oil, gas, energy, chemicals.

Chapter II

NAMING RAILWAY LINES AND STATIONS; DISMANTLING RAILWAY LINES, SECTIONS, AND STATIONS

Article 4. Principles for naming railway lines and stations

1. Naming and renaming railway lines and stations

a) Existing railway lines and stations retain their current names;

b) In cases where existing railway lines and stations need to change names, they must be renamed according to the provisions of this Decree based on proposals from provincial People's Committees where the railway passes through;

c) The name of a railway line is set according to the names of its starting and ending points or by sequential numbers or characters. The starting and ending points are the names of places where the initial and final stations of the line are located;

d) For branch railway lines connected to main railway lines, the starting point of the branch line is considered at the connection point with the main line;

đ) Station names are set according to place names, names of historical figures, national heroes, historical and cultural relics at the station location, by sequential numbers or characters;

e) Station names on the same line shall not be duplicated, reflecting the cultural identity of the nation, local customs and traditions, and the country;

2. Names of railway lines and stations must be published in mass media. Organizations and individuals authorized under Article 5 of this Decree are responsible for publishing the names of railway lines and stations in accordance with the law.

Article 5. Competence and Procedures for Naming and Renaming Railway Lines and Stations

1. Competence for Naming and Renaming Railway Lines and Stations

a) The Minister of Transport decides on naming and renaming national railway lines and stations;

b) The People's Council of the province decides on naming and renaming urban railway lines within its management scope;

c) The investor decides on naming and renaming dedicated railway lines and stations they invest in, which must be consistent with the cultural identity of the nation and Vietnamese law.

2. Procedures for Renaming Existing Railway Lines and Stations

a) A proposal document from the People's Committee of the province where the railway line passes, sent to the authority specified in points a and b of Clause 1 of this Article;

b) The investor decides to rename existing railway lines and stations, complying with the provisions of Clause 1 of Article 4 of this Decree.

Article 6. Conditions for Removing Railway Lines, Segments, and Stations

Railway lines, segments, and stations may be considered for removal in the following cases:

1. The operation of railway lines, segments, and stations affects national defense secrets, security, sovereignty, and national interests.

2. Railway lines, segments, and stations are no longer suitable for approved railway line and station planning.

Article 7. Removal of National Railway Lines, Segments, and Stations

1. Documents for proposing the removal of national railway lines, segments, and stations include:

a) A proposal document for removing national railway lines, segments, and stations according to Model No. 01 stipulated in Appendix I issued together with this Decree;

b) Relevant documents and materials related to the project for removing national railway lines, segments, and stations;

c) Consensus opinion of the People's Committee of the province where the proposed national railway lines, segments, and stations for removal are located;

d) Opinions of relevant agencies and organizations concerning the proposed national railway lines, segments, and stations for removal;

đ) Approved railway line and station planning related to the proposed national railway lines, segments, and stations for removal.

2. The Ministry of Transport organizes the preparation of documents for proposing the removal of national railway lines, segments, and stations, submitting them to the Prime Minister for decision; it also takes the lead in organizing the removal of national railway lines, segments, and stations after receiving the Prime Minister's decision.

3. People's Committees at all levels where national railway lines, segments, and stations need to be removed and railway infrastructure business enterprises have the responsibility to cooperate with the Ministry of Transport in the removal of national railway lines, segments, and stations.

4. The decision to remove national railway lines, segments, and stations is implemented according to Model No. 02 stipulated in Appendix I issued together with this Decree.

Article 8. Removal of Urban Railway Lines, Segments, and Stations

1. Documents for proposing the removal of urban railway lines, segments, and stations include:

a) A proposal document for removing urban railway lines, segments, and stations carried out according to Model No. 03 stipulated in Appendix I issued together with this Decree;

b) Relevant documents and materials related to the project for removing urban railway lines, segments, and stations;

c) Consensus opinion of the Ministry of Transport regarding the removal of urban railway lines, segments, and stations that run concurrently with national railways;

d) Opinions of relevant agencies and organizations concerning the proposed urban railway lines, segments, and stations for removal;

đ) Approved railway line and station planning related to the proposed urban railway lines, segments, and stations for removal.

2. The People's Committee of the province organizes the preparation of documents for proposing the removal of urban railway lines, segments, and stations, submitting them to the Prime Minister for decision; it also takes the lead in organizing the removal of urban railway lines, segments, and stations after receiving the Prime Minister's decision.

3. People's Committees at all levels where urban railway lines, segments, and stations need to be removed and urban railway business enterprises have the responsibility to cooperate with the People's Committee of the province in the removal of urban railway lines, segments, and stations.

4. The decision to remove urban railway lines, segments, and stations is implemented according to Model No. 04 stipulated in Appendix I issued together with this Decree.

Chapter III

SCOPE OF PROTECTION FOR RAILWAY WORKS AND TRAFFIC SAFETY ZONES

Article 9. Scope of railway protection

1. The vertical scope of railway protection above the rail top shall not be less than the following values:

a) For 1000 millimeter gauge railways, it is 5.3 meters;

b) For 1435 millimeter gauge railways, it is 6.55 meters;

c) For high-speed railways, it is 7.7 meters;

d) For urban railway lines using overhead power supply, it is 6.3 meters; for urban railway lines using third-rail power supply, it is 4.3 meters;

đ) For existing operational railway lines that do not meet the conditions specified in points a and b of this clause, when renovating or upgrading projects that violate the railway protection scope, the project investor must have technical solutions to ensure no impact on the stability, lifespan, and safety of the railway works, and such solutions must be approved by the competent authority before implementation.

2. The horizontal scope of railway protection on both sides of the track, for embankments without excavation or filling, extends from the outer edge of the outermost rail outward and is determined as follows:

a) For high-speed railways, it is 7.5 meters;

b) For urban railways, it is 5.4 meters;

c) For other railways, it is 5.6 meters.

3. The horizontal scope of railway protection on both sides of the track, for embankments with excavation or filling, is determined as follows:

a) 5 meters from the base of the filled embankment or the top edge of the excavated embankment;

b) 3 meters from the outer edge of the longitudinal ditch or the outer edge of the crown ditch of the embankment or from the outer edge of the protective or reinforcing structures of the embankment if there are longitudinal or crown ditches or protective/reinforcing structures.

4. Detailed determination of the railway protection scope according to Clause 1 of Appendix II issued together with this Decree.

Article 10. Scope of Railway Bridge Protection

1. The vertical scope of bridge protection above the highest point of the bridge structure is 2 meters and shall not be less than the vertical scope of railway protection stipulated in Clause 1 of Article 9 of this Decree.

2. The longitudinal scope of bridge protection is determined as follows:

a) From the signal post on one side of the bridge to the signal post on the other side of the bridge for bridges with signal posts;

b) From the end of the abutment on one side to the end of the abutment on the other side and an additional 50 meters on each end of the bridge for bridges without signal posts.

3. The horizontal scope of bridge protection extending from the outer edge of the bridge structure on each side is determined as follows:

a) Urban overpasses: 10 meters for high-speed railway bridges; 3 meters for urban railway bridges; 5 meters for other railway bridges.

b) River, canal, or stream overpasses in urban areas:

10 meters for high-speed railway bridges; 5 meters for urban railway bridges and other railway bridges under 20 meters in length;

20 meters for bridges between 20 meters and under 60 meters in length;

50 meters for bridges between 60 meters and 300 meters in length;

100 meters for bridges over 300 meters in length.

c) Rural overpasses: 20 meters for high-speed railway bridges; 3 meters for urban railway bridges; 7 meters for other railway bridges.

d) Rural river overpasses:

20 meters for bridges under 20 meters in length;

50 meters for bridges between 20 meters and under 60 meters in length;

100 meters for bridges between 60 meters and 300 meters in length;

150 meters for bridges over 300 meters in length.

đ) Detailed determination of the horizontal scope of railway bridge protection is carried out according to the provisions of Clause 2 of Appendix II issued together with this Decree.

4. For existing operational railway bridges that do not meet the requirements of Clauses 1, 2, and 3 of this Article, when renovating or upgrading projects that violate the bridge protection scope, the project investor must have technical solutions to ensure no impact on the stability, lifespan, and safety of the bridge works, and such solutions must be approved by the competent authority before implementation.

5. The scope of protection below the bridge is 2 meters from the lowest point of the bridge span structure downward.

6. In cases where railway bridges cross roads, inland waterway navigation channels, or maritime routes, the scope of protection below the bridge must comply with relevant laws concerning roads, inland waterways, or maritime routes; at the same time, technical solutions must be implemented to ensure no impact on the stability, lifespan, and safety of the railway bridge works, and such solutions must be approved by the competent authority before implementation.

7. In cases where the protection scope below the bridge girder does not meet the requirements of Clause 6 of this Article, the agency or organization responsible for managing railway infrastructure shall take the lead and coordinate with relevant state management agencies to implement measures ensuring the safety of railway works and the safety of people during bridge maintenance and repair.

Article 11. Scope of Protection for Railway Tunnels

1. The scope of protection for railway tunnels outside urban areas extends from the outermost point of the tunnel shell outward by fifty meters. For existing operational railway tunnels that do not meet this requirement, the project investor must implement technical measures to ensure the safety and stability of the tunnel structure and traffic safety, and such measures must be approved by the Minister of Transport.

2. The scope of protection for railway tunnels within urban areas includes the no-construction zone and the construction control zone, which are defined as follows:

a) The no-construction zone is the land surrounding the tunnel with a rectangular cross-section, defined as follows:

For circular tunnels, above and below the top or bottom of the tunnel is equal to one diameter of the outer shell of the tunnel; on both sides, it is equal to one radius of the outer shell of the tunnel;

For rectangular tunnels, above and below the top or bottom of the tunnel is six meters; on both sides, it is three meters;

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

b) The construction control zone is the land above and outside the no-construction zone, within the area of a trapezoid with the smaller base (at the bottom) being a horizontal line dividing the no-construction zone in half, and the larger base being the natural ground surface (at the top), with the size of the larger base determined as follows:

In the tunnel area, thirty meters from the centerline of the tunnel outward on each side;

At the underground station area, forty meters from the centerline of the tunnel outward on each side.

c) When constructing projects, exploiting resources, and conducting other activities within the construction control zone, the project investor must implement technical measures to prevent any impact on the stability, lifespan, and safety of the railway tunnel structure, and such measures must be approved by the competent authority before implementation.

d) Detailed provisions for determining the scope of protection for railway tunnels within urban areas shall be carried out according to the provisions of Clause 3 of Appendix II issued together with this Decree.

3. In addition to complying with the provisions of this Decree, the management of railway tunnel structures within urban areas must comply with the legal regulations on the management of underground urban construction space.

Article 12. Scope of Protection for Railway Stations and Depots

1. The aerial scope of protection for railway stations and depots is defined as follows:

a) The aerial scope of protection for railway tracks extends upward from the top of the rail according to the provisions of Clause 1, Article 9 of this Decree;

b) The aerial scope of protection for other structures is two meters upward from the highest point of the structure's construction and must not be less than the aerial scope of protection for railway tracks as stipulated in Clause 1, Article 9 of this Decree.

2. The lateral scope of protection for railway stations and depots

a) The lateral scope of protection for railway stations and depots on the ground includes the fence, boundary markers, and all land within the fence and boundary markers of the station or depot according to the planning;

b) The lateral scope of protection for elevated stations is three meters from the outer edge of the station structure.

3. The scope of protection for the building of railway stations and depots, where the station or depot is part of a multi-purpose complex, includes the entire structure and space allocated for the station or depot.

4. For ventilation systems, water supply and drainage systems, fire prevention and explosion protection facilities, rescue and firefighting facilities, access routes to and from the station, and other auxiliary structures and equipment, the scope of protection for these facilities shall be implemented in accordance with relevant legal regulations.

Article 13. Scope of protection for railway information, signaling works, and power supply systems

1. Scope of protection for railway information, signaling wires and poles

a) The upper scope of protection is 2.5 meters measured from the topmost wire upwards vertically;

b) The lateral scope of protection is 2.5 meters measured from the outermost wire outwards on both sides;

c) The lower scope of protection is the entire airspace, land, and water area below the wires, and 2.5 meters measured from the outermost wire outwards on each side;

d) For existing operational railway information wires and poles that do not comply with the provisions of points a, b, and c of this clause, when renovating or upgrading the works violating the scope of protection, the project investor must have technical solutions to ensure no impact on the stability, lifespan, and safety of the railway information, signaling works, and power supply system, and must obtain approval from the competent authority before implementation;

đ) Details for determining the scope of protection for railway information, signaling wires and poles shall be carried out in accordance with the provisions of Clause 4 of Appendix II issued together with this Decree.

2. The scope of protection for railway power supply works and wires shall comply with the regulations of the law on electricity.

Article 14. Scope of protection below ground level for railway works

When constructing works below the ground level of railway works, the project investor must have technical solutions to ensure no impact on the stability, lifespan, and safety of the railway works, and must obtain approval from the competent authority before implementation.

Article 15. Scope of protection for railway retaining walls

The scope of protection for railway retaining walls is determined as follows:

1. Retaining wall against erosion to protect the railway foundation

a) From the head of the retaining wall and from the tail of the retaining wall towards both upstream and downstream directions, each direction 50 meters;

b) From the foot of the retaining wall towards the river 20 meters.

2. Retaining wall for stream regulation

a) From the foot of the retaining wall towards both upstream and downstream directions, each direction 100 meters;

b) From the root of the retaining wall towards the bank 50 meters;

c) From the foot of the head of the retaining wall towards the river 20 meters.

3. For the scope of protection of railway retaining walls prescribed in Clauses 1 and 2 of this Article overlapping with the scope of protection of flood control embankments, the boundary is the midpoint of the distance between the two outermost points of the two works.

Article 16. Railway traffic safety corridor

1. The width of the railway traffic safety corridor measured from the outer edge of the railway protection zone outwards on each side is determined as follows:

a) High-speed railway: In urban areas is 05 meters, outside urban areas is 15 meters. For high-speed railways, a barrier must be constructed to isolate the railway traffic safety corridor to prevent any unauthorized entry;

b) Urban surface-level railway and other railways is 03 meters.

2. The height of the railway traffic safety corridor is measured from the ground upwards vertically to the upper limit of the railway protection zone as stipulated in Clause 1 of Article 9 of this Decree.

3. Details for determining the railway traffic safety corridor shall be carried out in accordance with the provisions of Clause 1 of Appendix II issued together with this Decree.

Article 17. Railway traffic safety corridor in the vicinity of level crossings

The railway traffic safety corridor in the vicinity of level crossings is regulated as follows:

1. The train driver can see the level crossing from a distance of 1000 meters or more from their position.

2. For unmanned level crossings, the road traffic vehicle operator must see the train at least within the lateral view range of the road traffic vehicle operator from the middle of the intersection when they are at a distance equal to the braking visibility range for that grade of road.

3. Details for determining the railway traffic safety corridor in the vicinity of level crossings shall be carried out in accordance with the provisions of Clause 5 of Appendix II issued together with this Decree.

Article 18. Safety traffic corridor for railway lines in cases where railways run close to, adjacent to, or intersect at different levels with road works

1. Safety traffic corridor for railway lines in cases where railways run close to or adjacent to road works:

a) In cases where the safety traffic corridor for railways overlaps with the safety corridor for roads, the management boundary must be delineated according to the principle of prioritizing the arrangement of the safety traffic corridor for railways, but the boundary of the safety traffic corridor for railways shall not overlap with road works;

b) In cases where roads and railways are adjacent and share a common longitudinal ditch, the boundary of the safety traffic corridor is the bottom edge of the ditch on the side of the higher ground; if the elevations are equal, the boundary of the safety traffic corridor is the bottom edge of the ditch on the railway side;

c) When constructing new works near existing railway works, the new construction must be located outside the land area designated for railways. If it is impossible to locate the construction outside the land area designated for railways, the project investor must have technical solutions to ensure that the construction does not affect the stability, lifespan, and safety of railway works, and submit these solutions to the competent authority for approval and construction permit in accordance with the law before implementation.

2. Safety traffic corridor for railway lines in cases where railways and roads intersect at different levels must comply with the provisions set forth in Article 16 of this Decree.

Article 19. Safety traffic corridor for railway lines in cases where railways and inland waterway channels, maritime channels run close to or adjacent to each other

1. In cases where railways and inland waterway channels, maritime channels run close to or adjacent to each other, it must be ensured that one channel lies outside the safety traffic corridor of the other.

2. In cases where the safety traffic corridor for railways overlaps with the protection corridor for inland waterway channels or the protection range of maritime channels, the management boundary must be delineated according to the principle of prioritizing the arrangement of the safety traffic corridor for railways. Inland waterway channels and maritime channels shall not overlap with the safety traffic corridor for railways.

3. When dredging or cleaning inland waterway channels, maritime channels adjacent to the safety traffic corridor for railways, it must be ensured that such activities do not affect the safety of the works and railway transportation safety.

Article 20. Safety traffic corridor for railway lines in cases where railways and high-voltage power lines run close to each other

1. In cases where railways and high-voltage power lines run close to each other, it must be ensured that the safety traffic corridor for railways lies outside the power line corridor.

2. In cases where the safety traffic corridor for railways overlaps with the power line corridor, the management boundary must be delineated according to the principle of prioritizing the arrangement of the safety traffic corridor for railways. High-voltage power lines shall not overlap with the safety traffic corridor for railways.

3. When renovating or repairing high-voltage power lines adjacent to the safety traffic corridor for railways, it must be ensured that such activities do not affect the safety of the works and railway transportation safety.

Article 21. Safety traffic corridor for railway lines in cases where railways run close to important works related to national security

1. In cases where railways and important works related to national security are close to each other, it must be ensured that the safety traffic corridor for railways lies outside the protection range of important works related to national security.

2. When renovating or repairing railway works, it must be ensured that such activities do not affect important works related to national security.

Article 22. Safe Traffic Corridor for Railways in Cases Where Railways Are Near Historical and Cultural Relics

1. In cases where railway works and historical and cultural relics are located close to each other, it must ensure that the safe traffic corridor for railways lies outside the protection area and does not affect historical and cultural relics according to the laws on cultural heritage.

2. In cases where there is an overlap between the safe traffic corridor for railways and the protection area of historical and cultural relics, when renovating or repairing railway works, they shall not affect historical and cultural relics and shall be carried out in accordance with the laws on cultural heritage.

Chapter IV

MANAGEMENT AND USE OF LAND FOR RAILWAYS

Article 23. Determination of Boundaries of Land for Railways

1. The boundaries of land within the protection area of railway works and the safe traffic corridor for railways must be specifically determined based on coordinates and updated to be consistent with the land administration records and land management database of the locality through which the railway passes.

2. Authorities and organizations entrusted with managing railway infrastructure shall cooperate with People's Committees at all levels to determine the boundaries of land for railways.

3. The establishment, submission for approval, organization of marking and management of boundary markers for land for railways shall be carried out in accordance with the laws on land.

4. The determination of boundary markers for land for railways on-site shall be carried out in accordance with the state budget allocation capacity and in the following priority order:

a) Urban areas;

b) Residential areas;

c) Remaining areas.

Article 24. Management Records for Land for Railways

Management records for land for railways include:

1. Planning and station management records for railway lines as approved by competent authorities.

2. Land administration management records of the locality where the railway passes, as stipulated in Clause 1 of Article 23 of this Decree.

3. Boundary marker management records for land for railways approved by competent authorities in accordance with the laws on land.

4. Compensation and land clearance records in the area designated for railways; decisions by competent authorities to allocate land for construction of new railway works.

5. Other records as prescribed by the laws on land.

Article 25. Content of Management of Land for Railways

1. Management of the use of land for railways.

2. Establishment, management, and storage of management records for land for railways in accordance with the laws on land and archival laws.

3. Updating and supplementing changes in planning and land use plans for railways.

4. Implementation of other contents as prescribed by the laws on land.

Article 26. Construction of Essential Works Within the Designated Land for Railways

1. For essential works serving national defense, security, economic and social development that cannot be arranged outside the designated land for railways, the project investor must have technical solutions that do not affect the stability, lifespan, safety of railway works, railway transportation safety, environmental hygiene, fire prevention, explosion prevention, rescue and emergency response; and must be consistent with the planning and station management of railways and must obtain approval and construction permits from competent authorities in accordance with the law before implementation.

2. In cases where essential works serving national defense, security, economic and social development must be constructed within the safe traffic corridor for railways overlapping with the corridors specified in Articles 18 and 19 of this Decree, in addition to complying with the provisions of Clause 1 of this Article, the project investor must submit a document to the competent state management authority for approval.

Article 27. Activities and land use within the scope of railway land

1. Land within the protection zone of railway works may only be used for the following cases:

a) Temporary storage of materials, machinery, and equipment for railway construction projects, but must ensure that it does not affect the vision of traffic participants, the safety of the works, railway transportation safety, environmental hygiene, and fire prevention;

b) Construction of essential works serving national defense, security, economic and social development within the construction control zone of urban railway tunnel projects as stipulated in point b, Clause 2, Article 11 of this Decree if such works cannot be located outside the protection zone of the urban railway tunnel project. The investor of the essential construction project must have technical solutions to ensure that they do not affect the stability, lifespan, safety of the works, and railway transportation safety, and must obtain approval and construction permits from competent authorities in accordance with the law before implementation.

2. Land within the railway traffic safety corridor may temporarily be used for agricultural purposes, planting low trees under 1.5 meters high, but must not affect the safety and stability of the works, and railway transportation safety during operation.

3. Within the station area and railway station buildings, the installation of commercial advertising boards and traffic safety promotional boards must comply with the law on advertising and must not affect the safety of railway works and train operations.

4. The following uses of land within the scope of railway land are prohibited:

a) Construction of architectural works and planting trees that obstruct the view of traffic participants within the railway traffic safety corridor;

b) Construction of works unrelated to urban railway tunnel projects within the area where other construction projects are not allowed as stipulated in point a, Clause 2, Article 11 of this Decree.

Article 28. Construction of Works, Exploitation of Resources, and Other Activities in Areas Adjacent to Railway Land

1. The minimum safe distance of some works in areas adjacent to railway land is specified as follows:

a) Houses made of flammable materials must be at least five meters away from the boundary of the railway traffic safety corridor;

b) Lime kilns, pottery kilns, brick kilns, iron and steel furnaces, cement kilns, glass furnaces must be at least ten meters away from the boundary of the railway traffic safety corridor;

c) Warehouses containing toxic substances, explosives, flammable materials, and explosive materials must be placed at a distance from the boundary of the railway traffic safety corridor according to relevant laws;

d) For power facilities, overhead power lines crossing or running alongside railway works, railway protection zones, and railway traffic safety corridors, in addition to ensuring safe distances in accordance with laws on electricity, measures must also be taken to prevent interference with railway communication and signaling systems and to ensure safety when power lines fail or break;

đ) For telecommunication antenna towers, information lines, and power lines, the distance from the base of the tower to the shoulder of the roadbed for undug and unraised roadbeds, the base of the raised roadbed slope, the top edge of the dug roadbed slope, and the outermost edge of the bridge structure must be at least 1.3 times the height of the tower and not less than five meters. In cases where these regulations are not met, approval from the Minister of Transport is required;

e) At level crossings between railways and roads without guards, construction of works within the railway traffic safety corridor at level crossing areas as stipulated in Article 17 of this Decree is not permitted.

2. Exploitation of resources and other activities in areas adjacent to railway land

a) Investors of works, organizations, or individuals exploiting resources or conducting other activities that may affect the safety of works and railway traffic safety must comply with the provisions of point b, Clause 4, Article 23 of the Railway Law. Before exploiting resources or conducting other activities, investors of works, organizations, or individuals must have technical solutions to ensure the safety of works, railway transportation safety, environmental protection, and fire prevention, and submit them to competent state management agencies, infrastructure operators, or urban railway operators for comments;

b) For urban development projects, industrial parks, economic zones, residential areas, commercial service areas, and other works requiring passage through railways, project investors must construct bypass systems outside the railway land leading to grade-separated intersections over railways or to the nearest level crossing. In cases of upgrading, expanding, or constructing new level crossings over railways, the provisions of Clause 5, Article 17 of the Railway Law must be followed.

Chapter V

RESPONSIBILITIES FOR MANAGING AND PROTECTING RAILWAY INFRASTRUCTURE

Article 29. Responsibilities of the Ministry of Transport

1. Propose solutions for handling national railway infrastructure assets after dismantling for the Ministry of Finance to process in accordance with the provisions of the law.

2. Coordinate with the Ministry of Natural Resources and Environment in managing and using land allocated for railways in accordance with the law.

3. Coordinate with provincial People's Committees and relevant ministries and agencies in disseminating, popularizing, educating, and implementing legal regulations on managing and protecting railway infrastructure.

4. Direct and guide organizations in managing and protecting railway infrastructure in accordance with the law.

5. Inspect and audit the implementation of legal regulations on managing and protecting railway infrastructure.

6. Develop plans, organize, and inspect the implementation of work to prevent, combat, and repair damage to railway works caused by natural disasters and enemy activities.

Article 30. Responsibilities of the Ministry of Finance

1. Lead and coordinate with the Ministry of Transport and relevant agencies in organizing the management, use, and exploitation of national railway infrastructure assets in accordance with the law.

2. Decide on the handling of national railway infrastructure assets and urban railways invested by the state after dismantling within its authority or submit to the Prime Minister for decision in accordance with the law.

3. Lead and balance the allocation of funds for the management and protection of national railway transportation infrastructure in accordance with the law.

Article 31. Responsibilities of the Ministry of Public Security

1. Direct and guide police forces in inspecting, controlling, and handling violations of laws on managing and protecting railway infrastructure within their authority.

2. Coordinate with the Ministry of Transport and provincial People's Committees in performing state management functions regarding the management and protection of railway infrastructure.

Article 32. Responsibilities of the Ministry of Natural Resources and Environment

1. Lead and coordinate with the Ministry of Transport and provincial People's Committees in handling issues related to land use within railway safety zones in accordance with the law on land and environmental protection.

2. Lead in performing state management functions in accordance with the law on land related to the management, use, and protection of land for railways.

Article 33. Responsibilities of the Ministry of Agriculture and Rural Development

Direct and guide the implementation of planning and construction of water conservancy works related to railway works; guide the use of land within railway safety zones for agricultural cultivation, ensuring technical standards and safety of railway works.

Article 34. Responsibilities of ministries and ministerial-level agencies

Ministries and ministerial-level agencies must review and approve planning, construction projects, industrial zones, urban areas, residential areas, commercial service areas related to land for railways in accordance with this Decree; bear responsibility for inspecting, supervising implementation, and handling violations according to the law.

Article 35. Responsibilities of Provincial People's Committees

1. Direct the implementation of regulations on managing and protecting land for railways within their jurisdiction.

2. Propose solutions for handling urban railway infrastructure assets after dismantling for the Ministry of Finance to process in accordance with the law.

3. Organize the management and protection of land for railways in accordance with Clause 3, Point c, Article 12, Article 48 of the Railway Law and other legal provisions on land.

4. Allocate local budget for managing and protecting urban railway transportation infrastructure in accordance with the law.

5. Lead and organize the determination of boundaries of land for railways, establish land management files for railways in accordance with Articles 23 and 24 of this Decree.

6. Direct, guide, and inspect the work of county-level People's Committees and relevant management agencies within their jurisdiction in managing land for railways; implement preventive measures, stop, handle violations, and remove encroachments in railway safety zones within their jurisdiction.

7. Inspect, audit, and resolve complaints and reports related to the management and protection of railway infrastructure within the province in accordance with the law.

8. In cases where land for railways is encroached upon or illegally occupied, the Chairman of the provincial People's Committee shall be responsible in accordance with the law.

Article 36. Responsibilities of the People's Committee at the district level

1. Managing, protecting, implementing measures to prevent and promptly handle acts of encroachment on land reserved for railways within the scope of management according to the classification of the People's Committee at the provincial level.

2. Taking the lead in resolving disputes, complaints, and denunciations related to the management and protection of railway infrastructure within the scope of management as prescribed by law.

3. In cases where land reserved for railways is encroached upon, illegally occupied, or improperly used, the Chairman of the People's Committee at the district level shall bear responsibility in accordance with the provisions of the law.

Article 37. Responsibilities of the People's Committee at the commune level

1. Directly managing, protecting, implementing measures to prevent and promptly handle acts of encroachment on land reserved for railways within the scope of management according to the classification of the People's Committee at the district level.

2. Taking the lead in resolving disputes, complaints, and denunciations related to the management and protection of railway infrastructure within the scope of management as prescribed by law.

3. In cases where land reserved for railways is encroached upon, illegally occupied, or improperly used, the Chairman of the People's Committee at the commune level shall bear responsibility in accordance with the provisions of the law.

Article 38. Responsibilities of organizations and individuals investing in and operating railway infrastructure

1. State-owned enterprises engaged in the operation of national railway infrastructure and urban railways funded by the state, when entrusted by the state:

a) Using land reserved for railways for its intended purpose according to the approved land use planning and plan by the competent authority;

b) Implementing reporting procedures regarding the protection and use of land reserved for railways as prescribed by law;

c) The head of the enterprise shall be responsible under the law for not complying with the regulations on the management, use, and protection of railway infrastructure as prescribed by law.

2. Organizations and individuals investing in and operating railway infrastructure, when leased or transferred by the state, have the responsibility to manage and use railway infrastructure in accordance with the terms of the contract and the provisions of the law.

3. Owners of dedicated railways that self-invest, manage, and protect dedicated railway infrastructure shall comply with the provisions of the law.

Chapter VI

IMPLEMENTATION

Article 39. Resolution of existing structures within the scope of land reserved for railways

1. For structures existing within the scope of land reserved for railways before July 1, 2018, resolution shall be carried out in accordance with the Railway Law 2005 and other relevant legal provisions.

2. For structures existing within the scope of land reserved for railways from the date this Decree takes effect, implementation shall be in accordance with the Railway Law 2017 and the provisions of this Decree.

3. Principles of resolution:

a) Immediately dismantle structures directly affecting the safety of railway works and posing dangers to railway traffic safety;

b) For existing structures located within the scope of land reserved for railways as stipulated in this Decree but not directly affecting the safety of railway works and posing dangers to railway traffic safety, they may temporarily maintain their current status, but the owners of such structures shall not expand or construct additional buildings and must commit to local authorities and railway infrastructure operators to ensure railway traffic safety.

4. The People's Committee at the provincial level shall take the lead in guiding the People's Committees at the district and commune levels to coordinate with agencies and organizations entrusted with the management of railway infrastructure to conduct reviews, statistics, and categorization of structures specified in point a and point b of Clause 2 of this Article to organize implementation in accordance with the provisions.

Article 40. Effective Date

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

2. Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of provincial and centrally-administered city People's Committees are responsible for implementing this Decree./.