Circular No. 62/2015/TT-BGTVT on railway crossings

CIRCULAR

Provisions on level crossings

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Based on the Railway LawNo. 35/2005/QH11 June 14, 2005;

Based on Decree No. 107/2012/NĐ-CP dated September 22, 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 issues this Circular to provide regulations on level crossings.

PART I

GENERAL PROVISIONS

Article 1.perioda) Clause 1 Article 15 regarding accountability;

This Circular stipulates level crossing works; signaling systems, traffic rules in level crossing areas; management, maintenance, protection work, and issuance of construction permits, renovation, upgrading, and removal of level crossings.

Article 2. Applicability

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

2. This Circular does not apply to common bridges where railways intersect with roads; places where railways intersect with internal roads of stations, ports, cargo yards, factories, and enterprises.

Article 3. Explanation of Terms

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

1. National railway is a railway serving the general transportation needs of the whole country, economic regions, and international transit.

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

3. Level crossing is a section of road at the same level with railway that has been permitted by competent authorities for construction and operation.

4. Public level crossing is a section of national highway, provincial road, district road, commune road, urban road intersecting at the same level with national railway or dedicated railway.

5. Dedicated level crossing is a section of dedicated road intersecting at the same level with national railway or dedicated railway.

6. Level crossing with guard is a level crossing organized for protection through the arrangement of guards.

7. Level crossing without guard is a level crossing organized for protection through automatic warning devices or signs.

8. Automatic warning level crossing is a level crossing organized for protection through the arrangement of automatic warning signals, with or without automatic barriers.

9. Signage level crossing is a level crossing organized for protection through the arrangement of signs.

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

11. Time-limited level crossing is a level crossing only allowed to operate within a specified period granted by competent authorities.

12. Level crossing works include construction projects at locations where roads intersect at the same level with railways, including: railway and road works; level crossing watchtowers; road signaling systems, railway signals, and other equipment installed in the works.

Article 4. Scope of level crossings and level crossing areas

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

a) The section of road and the land area allocated for the road within the railway safety zone;

b) The section of railway and the land area allocated for the railway within the road safety zone;

c) In cases where the road runs close to the railway with overlapping safety zones as defined in Decree No. 11/2010/NĐ-CP dated February 24, 2010 of the Government on management and protection of road infrastructure and Decree No. 100/2013/NĐ-CP dated September 3, 2013 amending and supplementing certain articles of Decree No. 11/2010/NĐ-CP dated February 24, 2010 of the Government on management and protection of road infrastructure.

2. The level crossing area includes:

a) The scope of the level crossing;

b) The limits of the safety zone for traffic at the level crossing area as stipulated in Article 12 of this Circular.

Article 5. Classification of level crossings

1. By duration of use

a) Long-term level crossing;

b) Level crossing with a specified term.

2. By form of protection

a) Level crossing with a guard;

b) Level crossing without a guard, including: Automatic warning level crossing and sign-posted level crossing.

3. By nature of service

a) Public level crossing;

b) Dedicated level crossing.

Article 6. Grading of level crossings

1. Level crossings are classified into grades I, II, and III according to the provisions in Appendix 1 of this Circular.

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

Article 7. Provisions on level crossing protection

1. For level crossings of grades I and II, protection must be organized in the form of having a guard.

2. For level crossings of grade III:

a) In cases where the traffic safety corridor at the level crossing does not meet the visibility requirements as stipulated in Appendix 2 of this Circular, protection must be organized in the form of having a guard;

b) In cases where the traffic safety corridor at the level crossing meets the visibility requirements as stipulated in Appendix 2 of this Circular, protection shall be organized by automatic warning or signs.

3. Diagrams of level crossings organized for protection with and without guards are provided in Appendix 3 of this Circular.

Article 8. Signaling systems and equipment at level crossings

1. Equipment and signals installed at level crossings

a) Level crossing with a guard: barrier frame or boom, signal lights, electric bell, warning signs, posts, fence, road markings, railway blocking signals (if available), and other signaling devices permitted by competent authorities;

b) Automatic warning level crossing: signal lights, electric bell, warning signs, posts or fence, with or without automatic boom, road markings, and other signaling devices permitted by competent authorities;

c) Sign-posted level crossing: warning signs, posts or fence, road markings, and other signaling devices permitted by competent authorities.

2. Signaling systems and equipment installed at level crossings to ensure traffic safety and prevent accidents. All organizations and individuals must have the responsibility to protect them, and may not arbitrarily move, occupy, damage, or reduce their effectiveness and function as prescribed in this Article.

Article 9. Coordination in inspection and planning for repair of level crossings

Annually, the enterprise managing and operating railway infrastructure or the owner and user of dedicated railway lines shall take the lead and coordinate with the road management agency to conduct inspections and plan repairs for level crossings as follows:

1. The enterprise managing and operating railway infrastructure shall take the lead for public level crossings and dedicated level crossings on national railways.

2. The owner and user of dedicated railway lines shall take the lead for public level crossings and dedicated level crossings on dedicated railways.

Article 10. Responsibilities of organizations and individuals related to the management, operation, and use of level crossings

1. Responsibilities of enterprises managing and operating railway infrastructure or the owner and user of dedicated railway lines

a) Maintain the technical condition of level crossings, complete signaling systems; stable operational status of level crossing protection equipment for public level crossings as prescribed in this Circular;

b) Regularly inspect, identify, and promptly propose to local authorities to dismantle level crossings without construction permits;

c) Annually, take the lead and coordinate with the road management agency and local authorities where the level crossings are located to make recommendations to competent state agencies about upgrading, improving, or changing the form of protection for public level crossings in accordance with this Circular.

2. Responsibilities of local authorities where level crossings are located

a) Organize propaganda and education for the people; organize prevention, interception, and timely handling of unauthorized opening of level crossings and violations of traffic safety corridors around level crossings;

b) Take the lead and coordinate with enterprises managing and operating railway infrastructure or the owner and user of dedicated railway lines, the road management agency to dismantle level crossings without construction permits, clear traffic safety corridors around level crossings;

c) Coordinate with enterprises managing and operating railway infrastructure or the owner and user of dedicated railway lines, the road management agency in proposing appropriate forms of organization for protection of public level crossings as prescribed in this Circular.

3. Responsibilities of the owner and operator of dedicated level crossings

a) Maintain a stable and safe technical condition of level crossings throughout the operation and use period;

b) Take timely measures to ensure the safety of works and traffic safety when damage is detected.

4. Responsibilities of the road management agency

a) Maintain complete signals and signs on the road section leading to the level crossing as prescribed in this Circular;

b) Coordinate with enterprises managing and operating railway infrastructure or the owner and user of dedicated railway lines, local authorities to dismantle level crossings without construction permits, clear traffic safety corridors around level crossings, supplement appropriate signals and signs in a timely manner, ensuring traffic order and safety.

Chapter II

REQUIREMENTS FOR LEVEL CROSSING STRUCTURES

Article 11. Conditions for Building Level Crossings

1. Level crossings must be constructed in accordance with the construction planning approved by the competent authority; they must meet corresponding technical standards and regulations and the provisions of this Circular.

2. Construction of level crossings may only proceed after obtaining a construction permit.

Article 12. Traffic Safety Zones at Level Crossing Areas

1. The traffic safety zone at level crossing areas must ensure minimum visibility for road users as follows:

a) For unmanned level crossings, the driver of a road vehicle must be able to see the train from a distance equal to the braking sight distance for that class of road when located at a distance from the level crossing equal to the lateral view distance of a car from the midpoint of the intersection, as stipulated in Appendix 2 of this Circular; if the train speed is less than 80 km/h, the driver's visibility shall be based on a train speed of 80 km/h.

b) The driver of a railway vehicle must be able to see the level crossing from a distance of at least 1000 meters (m).

2. No architectural structures or plants that obstruct visibility may be built within the traffic safety zone at level crossing areas.

Article 13. Location of Level Crossings

The location of level crossings must satisfy the following conditions:

1. On a straight section of railway track. In exceptional cases where it is necessary to place it on a curved section, it can only be placed on a circular curve with a minimum radius of 300 meters (m) and measures must be taken to ensure traffic safety.

2. At least 100 meters (m) away from railway tunnel entrances and bridge abutments.

3. Outside the entrance signal of the station.

Article 14. Intersection Angle of Level Crossings

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

Article 15. Road Sections in Level Crossing Areas

The road sections in level crossing areas, in addition to meeting the relevant technical standard requirements according to the class of road, must also comply with the specific provisions below:

1. The road from the outermost rail edge outward must be straight over a length equal to the braking sight distance specified in Article 12 of this Circular; in difficult terrain conditions, this length must not be less than 15 meters (m).

2. Slope of the road

a) For level crossings on straight sections of railway track: Within the railway embankment and from the outermost rail edge outward, the road must have no slope (0%) over a minimum distance of 16 meters (m), and in difficult conditions, this distance must not be less than 10 meters (m).

b) For level crossings on circular curved sections of railway track, the road must have a longitudinal slope following the superelevation of the railway track within the following range: between two barriers for manned level crossings; between two "stop" markings for automatic warning level crossings; between two "yield" markings for signposted level crossings. The subsequent section must have no slope (0%) over a minimum distance of 10 meters (m);

c) Following the sections specified in point a and point b of Clause 2 of this Article, there must be sections with a minimum length of 20 meters (m) and a longitudinal slope not exceeding 3%; in mountainous areas and difficult terrain, the longitudinal slope of these sections must not exceed 6%.

d) For road sections passing through two or more railway tracks, the longitudinal slope of the road is determined based on the highest rail elevation of adjacent railway tracks.

3. The width of the driving lane of the road section within the level crossing area must not be less than the width of the driving lane on the road outside the level crossing area and must not be less than 6 meters (m). If widening is required to ensure a minimum road surface width of 6 meters (m), the subsequent section must gradually taper back to the width of the driving lane on the road outside the level crossing area at a ratio of 10:1.

Level crossings of Class I and Class II and those in residential areas must have a separate pedestrian path within the level crossing area.

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

Article 16. Structure of the road surface within the railway crossing areai Railway crossing

1. Within the railway track and a distance of 2 meters from the outermost main rail (in difficult cases, this can be reduced to 1 meter) on each side, it must be made of asphalt concrete or steel-reinforced concrete slabs.

2. The remaining part must be made of asphalt concrete or cement concrete.

3. Special cases must be decided by the competent state authority.

4. The road surface must meet technical standards corresponding to the type of road surface structure. In cases where steel-reinforced concrete slabs are used, they must be tightly connected and stable.

Article 17. Railway tracks within the railway crossing area

The railway tracks within the railway crossing area must satisfy the following requirements:

1. Technical Requirements:

a) Along the rail flange on straight sections or curves with a radius of 500 meters or more, there must be a rail joint gap of 75 millimeters (mm); for curves with a radius less than 500 meters, the rail joint gap must be 75 mm plus half the curve gauge widening (the expansion in the curve).

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

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

d) If the road surface within the railway track is asphalt concrete, auxiliary rails must be used to create the rail joint gap; the height of the auxiliary rails must be the same as that of the main rails;

đ) If the road surface within the railway track consists of steel-reinforced concrete slabs, the edge of the slab adjacent to the main rail must have a special construction to create the rail joint gap;

e) Both ends of the rail joint gap must be widened towards the inside of the railway track so that the end of the rail joint gap is 250 mm wide, and must be securely connected to the tie; the point of widening starts 500 mm away from the end of the rail joint gap;

g) Rail joints must not be placed within the railway crossing area. If the railway crossing is long, the rail joints must be welded together; if welding is not possible, the rails must be forced together to burn the joint;

h) All rail fastening components must be complete and securely connected.

2. Requirements for materials:

a) The ties placed within the railway crossing area must be steel-reinforced concrete ties, with limited use of iron ties or wooden ties. If wooden ties are used, they must be high-quality wood treated with oil to prevent decay;

b) The ballast base at the railway crossing must be clean, sufficiently thick, and meet the specified standards.

Article 18. Railway Crossing Guard House

The railway crossing guard house must meet the following conditions:

1. It must be located in a position where it can observe both sides of the road and railway conveniently for the railway crossing guard's work; it must not obstruct the view of traffic participants on the railway and road;

2. The nearest part of the railway crossing guard house must be at least 3.5 meters from the outermost railway track rail and the edge of the road shoulder, but not more than 10 meters. The entrance door must open towards the road, and the house walls must have windows with glass that clearly see the road and railway; the floor level must be higher than or equal to the rail surface; the working area in the railway crossing guard house must not be less than 12 square meters (m²), and there must also be a bathroom, clean water, and lighting; other cases must be approved by the competent authority.², in addition, there must be a restroom, clean water, and lighting; other cases must be approved by the competent authority.

Article 19. Lighting at Railway Crossings

At railway crossings with guards in areas supplied by the national power grid, nighttime and daytime lighting must be provided when there is fog. The light intensity must be sufficient for the drivers of railway and road vehicles to clearly see the signals given by the railway crossing guard. The average illumination should be 25 - 30 lux, and the uniformity ratio of the light Emin/Etb must not be less than 0.5.

Chapter III

RAILWAY CROSSING SIGNALS

Article 20. Markers and Fixed Barriers

1. Along both sides of the road within the level crossing area, there must be a row of markers. The specifications for the markers shall comply with the national technical regulations on traffic signs.

2. The marker closest to the railway must be 2.5 meters away from the outermost rail, and the distance between each marker is 1.5 meters.

3. At level crossings with a guard, from the barrier to the railway, a fixed barrier must be installed. Specifications and materials for the fixed barrier shall comply with the national technical regulations on traffic signs.

Article 21. Road Markings on the Level Crossing Surface

1. On the surface of the road within the level crossing area, there must be "stop" or "yield" markings, "slow down" markings, and other types of markings (if applicable). The specifications for the markings shall comply with the national technical regulations on traffic signs.

2. The position of the "stop" marking is calculated from the barrier outward 3 meters where there is a barrier, or from the outermost rail edge outward 6 meters where there is no barrier. The "yield" marking at places without a barrier is from the outermost rail edge outward 6 meters.

Article 22. Traffic Signs at Level Crossings

1. Within the level crossing area without a guard, based on the angle of intersection of the level crossing, the sign "Intersection with Railways at Right Angles to Roads" or "Intersection with Railways Not at Right Angles to Roads" must be placed on both sides of the railway. For level crossings, the sign must also include the "Stop" sign.

2. Outside the level crossing area

a) Place the sign "Intersection with Railways with Barrier" for level crossings with a guard;

b) Place the sign "Intersection with Railways Without Barrier" for level crossings without a guard.

3. The size, specifications, and placement positions of traffic signs shall comply with the national technical regulations on traffic signs and Appendix 3 of this Circular.

Article 23. Signal Lights and Electric Bells

1. For level crossings with a guard and automatic warning level crossings, signal lights and electric bells must be installed on the road.

2. Signal lights and electric bells (except in cases where roads intersect with parallel roads running alongside railways) must be placed before the barrier (or attached to the barrier post) or placed at least 6 meters from the outermost rail.

In all cases, signal lights must be placed in a position that is not obstructed.

3. Requirements for traffic signals

a) Signal lights must have two red lights placed side by side, these two lights alternately flash when turned on. When a train approaches the level crossing, the signal light turns on, prohibiting passage through the level crossing. When the train has completely passed the level crossing and the barrier is fully open, the signal light turns off, allowing normal movement on the road;

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

c) Brightness and angle of illumination: The brightness and angle of illumination of the signal light must ensure that the driver of a road vehicle can see the signal from a distance of 100 meters or more; The red light of the signal light must not shine towards the railway.

4. Requirements for electric bells: The bell must sound when a train approaches the level crossing; the bell stops when the barrier is fully closed. When the bell sounds, the sound level at a distance of 15 meters, 1.2 meters above ground level, must be from 90 decibels (dB) to 115 decibels (dB) so that traffic participants can clearly hear it.

5. Diagrams of signal lights and electric bells are specified in Appendix 5 of this Circular.

Article 24. Warning signals at railway crossings

1. Automatic warning signals installed at railway crossings shall ensure continuous visibility and be greater than 800 meters for normal terrain, and not less than 400 meters for difficult terrain.

a) The visibility of the warning signal at the railway crossing must be continuous and greater than 800 meters for normal terrain, and not less than 400 meters for difficult terrain.

b) When encountering a flashing yellow light signal indicating that the railway crossing equipment is experiencing an obstacle, the train driver must limit speed to under 15 km/h until the train passes through the crossing.

2. Railway crossing warning signal posts are 10 meters high; they are placed on the left side of the railway track according to the direction of odd-numbered trains, with the outer edge of the post being 2,170 mm from the centerline of the track for a gauge of 1,000 mm and 2,610 mm for a gauge of 1,435 mm, and at least 5,000 mm from the edge of the road at the crossing.

Article 25. PcouncillORS osition of the "Sound Horn" sign- - Arc lampsOn both sides of the railway tracks approaching a crossing, a "Sound Horn" sign must be placed. The position and format of the sign shall comply with national technical standards for railway signals.

At both sides of the railway tracks approaching a crossing, a "Sound Horn" sign must be placed. The position and format of the sign shall comply with national technical standards for railway signals.

Article 26. Blocking signals on railways

1. On both sides of the railway tracks approaching a manned crossing, when it is necessary to place blocking signals, the competent authority shall decide, except for crossings within the range protected by entry signals, exit signals, or holding yard signals, or automatic block signals, where the distance between these signals and the crossing is less than 800 meters (m).

2. Positioning of blocking signals on railways

a) Blocking signals on railways shall be placed from 100 meters to 500 meters away from the crossing (measured from the shoulder of the road on the same side);

In areas with multiple adjacent manned crossings where the distance between two crossings is less than 500 meters and cannot be improved as stipulated in Article 54 of this Circular, blocking signals on railways shall be arranged at both ends of the area with multiple crossings;

b) They shall be placed on the left side according to the direction of the train entering the crossing. In cases of special difficulty, the authorized person may decide to place them on the right side according to the direction of the train entering the crossing.

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

4. Operation of blocking signals on railways

a) Blocking signals on railways are red signals, and when activated, they indicate that the train must stop;

b) When the blocking signal is off, trains operate normally. If there is an obstacle at the crossing affecting train safety, the crossing guard will switch the signal to activate;

c) For manned crossings located within an automatic block section, regardless of whether there is a blocking signal on the railway or not, equipment must be installed to switch the nearest block signal to the closed state so that the crossing guard can act promptly when there is an obstacle at the crossing affecting train operation.

Article 27. Communication equipment at crossing guards' houses

1. In the crossing guards' house, communication devices such as telephones; automatic notification devices for the crossing guard when a train approaches the crossing; and devices capable of recording and storing communications between the traffic control desk and the crossing guard must be provided.

2. For crossings on dedicated railways with a train speed of up to 30 km/h, the arrangement of communication equipment is decided by the competent authority but must ensure sufficient information for the crossing guard to know when a train is approaching the crossing.

Article 28. Signal Devices and Safety Devices at Level Crossings

1. For manned level crossings

a) Electrical signal devices and safety devices must be centrally controlled from the level crossing guard house; in cases where centralized control is not possible, permission from the competent authority must be obtained;

b) The devices must always be in good working condition and must be operable manually if automatic devices fail suddenly.

2. For automatically warning level crossings

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

b) When equipment malfunctions and cannot issue road prohibition signals, the railway infrastructure business enterprise or the level crossing owner and user must repair it promptly and restore it as soon as possible. At the same time, level crossing protection must be organized according to the following measures:

There must be warning signals (flashing yellow lights) on both sides of the railway and road;

A person must be posted to guard the level crossing.

Article 29. Provisions for Manned Level Crossing Barriers

1. On the roadways adjacent to the railway within the level crossing area, barriers must be placed 6 meters away from the outermost rail edge. In cases where terrain limitations exist, barriers must not violate the architectural clearance limits of the railway;

2. Barriers come in two types: barrier arms and barrier frames;

3. Specifications and technical standards for barrier arms and barrier frames, as well as procedures for operating the barriers, are set forth in Appendix 6 of this Circular;

4. Time for closing barriers

a) Both sides of the roadway entering the level crossing must be completely closed before the train reaches the level crossing at least: 60 seconds for electrically operated barriers and winches; 90 seconds for manually operated barriers;

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

Article 30. Provisions for Automatically Warning Level Crossing Barriers

1. On the roadways adjacent to the railway within the automatically warning level crossing area equipped with automatic barrier arms, the automatic barrier arms must be placed at least 6 meters away from the outermost rail edge;

Only barrier arms that close half or two-thirds of the roadway width may be used. The remaining part of the roadway without barrier arms must be at least 3 meters wide and located on the left side of the direction of vehicle entry into the level crossing;

2. The structures and automatic barrier devices must ensure operation in the following sequence:

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

b) When the train passes beyond the level crossing, the automatic barrier arm opens. When the barrier arm is fully open, the lights on the barrier arm and the road signal lights turn off automatically;

3. Time for closing barriers: Both sides of the roadway entering the level crossing must be completely closed before the train reaches the level crossing at least 40 seconds.

Article 31. Placement of Warning Signs When Road Approaches Have a Turnoff Segment on railways

1. When the length of the turnoff segment to the railway is less than 10 meters

a) Based on the intersection angle of the level crossing, signs indicating "where the railway intersects perpendicularly with the road" or "where the railway intersects non-perpendicularly with the road" must be placed on the edges of the intersection between the approaching road and the turnoff segment to the railway;

b) Based on the type of level crossing protection, signs indicating "intersection with railway with fencing" or "intersection with railway without fencing" must be placed on the right side of the approaching road near the railway. The distance of the signs from the turnoff segment ranges from 40 meters to 240 meters;

2. When the length of the turnoff segment to the railway is from 10 meters to 50 meters

a) Based on the intersection angle of the level crossing, signs indicating "where the railway intersects perpendicularly with the road" or "where the railway intersects non-perpendicularly with the road" must be placed on the right side of the turnoff segment, at a position 10 meters away from the outermost rail edge of the railway;

b) Based on the type of level crossing protection, signs indicating "intersection with railway with fencing" or "intersection with railway without fencing" must be placed on the right side of the approaching road near the railway. The distance of the signs from the turnoff segment ranges from 10 meters to 200 meters;

3. When the length of the turnoff segment to the railway exceeds 50 meters: warning signs must be placed according to the provisions of Article 22 of this Circular;

4. The surfaces of the signs specified in Clause 1 and Point b Clause 2 of this Article must be placed perpendicular to the direction of vehicle travel on the approaching road near the railway and must not be obstructed;

5. The placement positions of the signs specified in Clause 1 and Clause 2 of this Article are set forth in Appendix 4 of this Circular.

Article 32. Traffic signals on roads when the distance from the road intersection with the railway crossing is less than 50 meters t s

At a road junction where a branch road enters a railway crossing that has been organized for protection, if the distance from that junction to the railway crossing is less than 50 meters, the road management agency must:

1. Install traffic signals at the junction if there is no traffic light at the junction to inform pedestrians and vehicles approaching the railway crossing to stop before the junction when the road barrier at the railway crossing ahead is closed.

If there is a traffic light at the junction, this light must display appropriately with the traffic signals installed on the road leading to the railway crossing.

2. Traffic signals on the road parallel to the railway must display appropriately with the railway signal (when the road entering the railway crossing is closed for trains to pass; the road parallel to the railway must be clear).

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

Article 33. Setting up warning signs on the railway crossing when intersecting both a railway and a road running parallelắand parallel roads for rail and road

When a road intersects both a railway and another road running parallel to the railway, the placement of warning signs on the road entering the railway crossing shall be carried out as follows:

1. For the direction of the road entering the railway crossing which intersects with another road and then intersects with the railway, the provisions of Clauses 1, 2, and 3 of Article 31 of this Circular shall apply.

2. For the direction of the road entering the railway crossing which does not intersect with another road, the provisions of Article 22 of this Circular shall apply.

Chapter IV

TRAFFIC RULES IN THE AREA OF RAILWAY CROSSINGS

Article 34. Road traffic within the railway crossing area

Road traffic participants when passing through a railway crossing must comply with the provisions of the Road Traffic Law and implement the following rules:

1. Must give priority to vehicles operating on the railway.

2. Must comply with the instructions of the railway crossing guard and follow the directions of the warning signs within the railway crossing area.

3. When there is a stop signal (flashing red light, red flag, red sign, horn, bell ringing, barrier closed, instruction of the barrier guard), all road traffic participants (including those with priority rights) must stop on the right side of their respective lanes and before the "stop" line.

4. Strictly prohibit unauthorized persons from opening the railway crossing barrier when it is closed.

5. For railway crossings with warning signs, road traffic participants must stop before the stop line, listen to the train horn, pay attention to observe approaching trains from both directions, and only cross the railway crossing when they consider it safe, and fully bear responsibility if an accident occurs.

Article 35. Stopping and parking in the railway crossing area

1. U-turns are prohibited within the railway crossing area.

2. When a vehicle involved in road traffic is damaged or involved in an accident and cannot immediately leave the railway crossing area, the driver must take measures to quickly remove the vehicle from the railway crossing area.

In cases where the nearest point of the vehicle or cargo is less than 1.7 meters from the outermost rail edge, the driver must take measures to signal the train to stop before the obstacle, and simultaneously take all necessary measures to quickly move the vehicle and cargo to at least 1.7 meters away from the outermost rail edge. Specific details are provided in Appendix 7 of this Circular.

Article 36. Special Means of Transport Crossing Railway Crossings

In special cases, vehicles exceeding the weight limit, size restrictions of roads, or tracked vehicles causing damage to road surfaces may be allowed to cross railway crossings if the vehicle operators must comply with the following requirements:

1. Adhere to the Road Traffic Law.

2. Notify the enterprise operating railway infrastructure or the owner managing and using dedicated railway lines at the railway crossing that the vehicle needs to pass through so that personnel can be arranged to ensure safety.

Article 37. Leading Animals Across Railway Crossings

Individuals leading animals across railway crossings must stay close to the right edge of the road. Before crossing the railway crossing, they must observe trains coming from both directions of the railway tracks and only lead the animals across when it is safe to do so, fully responsible for any accidents that occur.

Article 38. Train Operators Crossing Railway Crossings

As the train approaches a railway crossing, the operator must sound the horn, pay attention to the stop signals, and warning signals of the railway crossing (if available), and quickly apply brakes upon seeing a stop signal or any obstruction on the railway crossing.

Article 39. Stopping and Parking Trains Within the Scope of Railway Crossings

1. In cases where it is necessary to stop or park trains on railway crossings; consolidating or breaking up trains, the person in charge must take all measures to quickly clear traffic congestion on the road.

2. When parking trains on railway crossings, the parking time shall not exceed three minutes on first and second-class railway crossings, and five minutes on third-class railway crossings; except for railway crossings with specific regulations set by the Ministry of Transport.

Chapter V

MANAGEMENT, MAINTENANCE, AND PROTECTION OF RAILWAY CROSSINGS

Article 40. Scope of Management

1. For public railway crossings: The enterprise managing and operating railway infrastructure or the owner managing and using dedicated railway lines is responsible for managing:

a) The entire railway crossing structure; the system of equipment serving the operation of the railway crossing, signaling, and lighting within the scope of the railway crossing;

b) Land within the traffic safety zone at the railway crossing area.

2. For dedicated railway crossings:

a) The owner managing and using dedicated railway crossings is responsible for managing the entire railway crossing structure (excluding the railway section within the railway crossing); the system of equipment serving the operation of the railway crossing, signaling, and lighting within the scope of the railway crossing;

b) The enterprise managing and operating railway infrastructure or the owner managing and using dedicated railway lines is responsible for managing the railway section within the railway crossing and the land within the traffic safety zone at the railway crossing area.

3. The road management agency is responsible for managing road structures and signs, and lighting outside the scope of railway crossings as stipulated in Clause 1 and Clause 2 of this Article.

Article 41. Regulations on Traffic Safety During Railway Crossing Repairs

1. When repairing railway crossings affecting road and railway traffic, the construction unit must:

a) Coordinate with the enterprise managing and operating railway infrastructure or the owner managing and using dedicated railway lines, the competent road management agency, or the owner managing and using dedicated roads regarding the construction plan and traffic safety;

b) Ensure traffic safety and not obstruct road and railway traffic during the repair period.

2. In special cases requiring closure of railways or roads, approval must be obtained from:

a) For state-funded national railways: The enterprise managing and operating railway infrastructure;

b) For dedicated railways: The owner managing and using dedicated railways;

c) For state-funded roads: The competent road management agency;

d) For dedicated roads: The owner managing and using dedicated roads.

Article 42. Means, equipment, and crossing guards

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

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

Article 43. Responsibilities for protecting railway crossings

1. The head of enterprises managing and operating national railway infrastructure shall be responsible for organizing the protection of public railway crossings on national railways.

2. The managers and users of dedicated railways shall be responsible for organizing the protection of public railway crossings on dedicated railways.

3. The managers and users of dedicated railway crossings shall organize the protection of dedicated railway crossings under their management and use.

4. Organizations and individuals as stipulated in Clause 1, Clause 2, and Clause 3 of this Article shall be responsible for implementing the protection of railway crossings in accordance with the corresponding level of the crossings.

Chapter VI

PROVISIONS ON PROCEDURES FOR ESTABLISHING, RECONSTRUCTING, AND UPGRADE RAILWAY CROSSINGS UPGRADE OF LEVEL CROSSINGS

Article 44. Procedures and formalities for approval of proposals for new construction, reconstruction, and upgrading of railway crossings

1. Organizations that are project investors wishing to construct new, reconstruct, or upgrade railway crossings on national railways and dedicated railways related to national highways shall prepare and submit application documents directly or through postal services or other appropriate methods to the Ministry of Transport for consideration and approval. The application package includes:

a) A request for approval of new construction, reconstruction, or upgrading of railway crossings in accordance with the model specified in Appendix 8 of this Circular;

b) A plan of the area proposed for new construction, reconstruction, or upgrading of railway crossings.

2. One set of application documents is required.

3. The Ministry of Transport shall accept and review the application documents. In cases where the application documents are incomplete, within two working days from the date of receipt of the application documents, the Ministry of Transport shall issue a written notice guiding the organization to complete the application documents.

4. Within ten working days from the date of receiving complete application documents, the Ministry of Transport shall issue an approval letter in accordance with the model specified in Appendix 9 of this Circular. If the proposal is not approved, a written response stating the reasons must be issued. During the processing of the formalities, the Ministry of Transport may seek opinions from the People's Committee of the province regarding the construction, reconstruction, or upgrading of railway crossings (if necessary).

Article 45. Application Documents for Construction Permit for New Construction, Reconstruction, and Upgrading of Railway Crossings

1. Organizations that are project investors wishing to construct new, reconstruct, or upgrade railway crossings shall prepare and submit application documents directly or through postal services or other appropriate methods to the competent authority for issuing permits as stipulated in Article 50 of this Circular. The application package includes:

a) An application for a permit in accordance with the model specified in Appendix 10 of this Circular;

b) Technical design documents of the railway crossing project already approved (attached with the Approval Decision);

c) Construction organization plans and safety measures during construction.

2. One set of application documents is required.

Article 46. Procedures and Formalities for Issuing Permits for New Construction, Reconstruction, and Upgrading of Railway Crossings

1. The competent authority for issuing permits shall accept and review the application documents. In cases where the application documents are incomplete, within two working days from the date of receipt of the application documents, a written notice guiding the organization to complete the application documents must be issued.

2. Within two days from the date of receiving complete application documents, the competent authority for issuing permits shall send the application documents to relevant agencies and units to seek their opinions:

a) Enterprises managing and operating national railway infrastructure for railway crossings on national railways or Managers and users of dedicated railway infrastructure for railway crossings on dedicated railways;

b) Vietnam Highway Administration, Department of Transportation (if relevant).

3. Within five working days from the date of receiving the opinion-seeking document from the competent authority for issuing permits, the agencies and units mentioned in Clause 2 of this Article shall respond in writing. Beyond this period, if the organization asked for its opinion does not provide a written response, it will be considered as having approved and shall bear responsibility for any consequences arising from non-response or delayed response.

4. Within ten working days from the date of receiving complete application documents, the competent authority for issuing permits shall issue a permit in accordance with the model specified in Appendix 11 of this Circular. If the permit is not issued, a written response stating the reasons must be provided.

Article 47. Procedure for Abolishing Railway Crossings

1. The project investor organization that wishes to abolish a railway crossing shall prepare a proposal and submit it directly, send it through the postal service system, or send it by other appropriate means to the competent authority issuing the permit as stipulated in Article 50 of this Circular. The dossier includes:

a) A document requesting the abolition of the railway crossing, clearly stating the reasons for abolition;

b) An acceptance record certifying the completion of the construction works put into operation to replace traffic in the area where the railway crossing is planned to be abolished.

2. One set of application documents is required.

3. The competent authority for abolishing railway crossings shall accept and examine the dossier. In cases where the dossier is incomplete according to regulations, within two working days from the date of receipt of the dossier, a written notice must be issued guiding the organization to complete the dossier.

4. Within ten working days from the date of receiving the complete dossier as prescribed, the competent authority for abolishing railway crossings must issue a Decision on Abolishing Railway Crossings according to the model specified in Appendix 14 of this Circular. If a decision is not issued, a written response must be provided, clearly stating the reasons.

Article 48. Extension of Construction Permit for New, Renovation, and Upgrading of Railway Crossings

If a railway crossing has been granted a permit but cannot be completed within the time limit stated in the permit, the organization or individual must follow the procedures to request an extension of the permit.

1. The organization shall submit a request for extending the permit directly or through the postal service system to the issuing authority according to the model specified in Appendix 12 of this Circular.

2. Within five working days from the date of receipt of the application for extension as prescribed, the issuing authority must issue a Decision on Extending the Permit according to the model specified in Appendix 13 of this Circular. If the permit is not extended, a written response must be provided, clearly stating the reasons.

3. The initial extension period shall not exceed twelve months, and extensions shall not exceed two times.

Article 49. Revocation and Cancellation of Construction Permits for New, Renovation, and Upgrading of Railway Crossings

1. Cases of revoking issued permits

a) The permit was issued incorrectly according to current regulations;

b) After twelve months from the date of issuance of the permit, the investor has not commenced construction of the project;

c) Beyond the deadline specified in the violation handling document, if the investor has not rectified the violations according to the requirements of the competent authority despite constructing contrary to the issued permit.

2. Cancellation of the permit

Ten working days after the decision to revoke the permit by the competent authority in the cases mentioned in Clause 1 of this Article, if the investor does not return the permit to the issuing authority, the issuing authority or the competent authority shall issue a decision to cancel the permit and notify relevant units about the implementation of the permit.

Article 50. Competent Authority for Issuing, Extending, Revoking, and Cancelling Construction Permits for New, Renovation, and Upgrading of Railway Crossings

1. The Director of the Vietnam Railways Administration issues permits for constructing, renovating, upgrading, and abolishing railway crossings on national railways.

2. The Director General of the Vietnam Highway Administration issues permits for constructing, renovating, upgrading, and abolishing railway crossings on dedicated railways related to national highways.

3. The Director of the Department of Transport and Traffic issues permits for constructing, renovating, upgrading, and abolishing railway crossings on dedicated railways related to provincial, district, commune roads, urban roads, and dedicated roads within their jurisdiction.

4. Competence for Extending, Revoking, and Cancelling Permits

a) The authority that issues the permit has the right to extend, revoke, and cancel the permit issued by itself;

b) The immediate superior authority of the permit-issuing authority decides to revoke and cancel permits issued incorrectly.

Article 51. Responsibilities and Authorities of the Agency Issuing Construction Permits for New Railway Crossings, Renovation, and Upgrading

1. Responsibilities

a) Publicly display conditions, procedures, formalities, and application files for issuing permits at its office;

b) Issue, extend, revoke, and cancel permits in accordance with the provisions of this Circular;

c) Archive permit issuance files for monitoring and management;

d) Collect, manage, and use permit issuance fees (if applicable) in accordance with current regulations;

đ) Inspect compliance with issued permits;

2. Authorities

a) Suspend construction activities for new railway crossings, renovation, and upgrading when violations of issued permits are discovered; if the entity or individual holding the permit continues to violate after a suspension decision has been made, the permit shall be revoked and referred to the competent authority for handling;

b) Refuse to issue or extend permits for valid reasons;

c) Revoke and announce the cancellation of permits in accordance with the provisions;

Article 52. Responsibilities and Authorities of Enterprises Managing and Operating Rail Infrastructure or Owners Managing and Using Dedicated Railwaysof the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of Home Affairsu infrastructure or owners managing and using dedicated railwaysắa) Before issuing a permit

1. Responsibilities

Provide opinions on the construction organization plan for railway crossing projects and safety measures during construction;

b) During the construction period

Hand over the construction site to the project proponent (representative of the project proponent) to organize construction; monitor and supervise compliance with safety regulations for the project and traffic safety during construction according to the permit and relevant laws;

c) After completion of construction

Within five working days from the date of acceptance and handover for use, the enterprise managing and operating rail infrastructure or the owner managing and using dedicated railways decides to allow operation; receives for management, operation, and maintenance of public railway crossings.

a) Require the project proponent and construction units to comply with regulations on ensuring project safety and traffic safety during construction;

2. Authorities

b) In case of potential safety risks during construction, request the project proponent to temporarily halt construction to address the issues; report to the permit issuing agency for handling in accordance with regulations.

Article 53. Responsibilities and Authorities of Organizations Requesting Permit Issuance

a) Bear legal responsibility for the truthfulness of the application files for permit issuance and extension as prescribed;

1. Responsibilities

b) Adhere to the guidance of the permit issuing agency during the permit issuance process;

c) Agree with enterprises managing and operating rail infrastructure or owners managing and using dedicated railways, and road management agencies (if relevant) regarding the time for construction site handover and procedures before starting construction;

d) Comply with the contents of the issued permit;

đ) Compensate for damages caused by their own fault in accordance with the law;

e) Ensure funding for the management and maintenance of railway crossings;

g) Pay permit issuance fees in accordance with current regulations (if applicable);

a) Request the permit issuing agency to explain, guide, and properly implement regulations on permit issuance;

2. Authorities

b) Lodge complaints and denunciations against violations of the law in the permit issuance process.

b) Complaints and reports about violations of the law in the issuance of permits.

Article 54. Capital for management and maintenance of level crossings

1. Capital for management and maintenance of public level crossings shall be allocated from the central and local government budgets and other lawful sources of capital.

2. Capital for management and maintenance of dedicated level crossings shall be allocated from the capital source of the organization proposing to build the level crossing and other lawful sources of capital.

3. The competent authority deciding on investment projects for level crossing construction must clearly define the capital source for management and maintenance of such level crossings.

Chapter VII

IMPLEMENTING PROVISIONS

Article 55.ệnto effecitselffor implementation

1. This Circular takes effect from January 1, 2016.

2. This Circular replaces Circular No. 33/2012/TT-BGTVT dated August 15, 2012 issued by the Minister of Transport regarding level crossings.

Article 56. Implementation

1. Cease issuing new construction permits for level crossings with warning signs on national railways from the date this Circular takes effect.

2. For existing level crossings with warning signs on national railways, they must gradually transition to other protective measures according to priority order to enhance traffic safety. Until such transition is made, enterprises managing and operating railway infrastructure or the managers and users of dedicated level crossings must organize guards at level crossings with high risk of traffic accidents.

3. For existing level crossings related to Class I, II, and III roads, urban roads, and those not conforming to the provisions of Articles 13 and 14 of this Circular, when undergoing renovation and upgrading, they must progressively replace them with overpasses or underpasses.

4. For existing level crossings within cities, towns, and densely populated market towns where the distance between two level crossings is less than 500 meters or in other areas where the distance between two level crossings is less than 1,000 meters, during renovation and upgrading, they must progressively construct bypass roads to reduce the number of level crossings or replace them with overpasses or underpasses.

5. For existing level crossings where the length of the road section branching off from the road running close to the railway does not comply with the provisions of Article 15 of this Circular, during renovation and upgrading, adjustments must be made to comply or progressively construct waiting lanes on the road running close to ensure safety.

6. The Director of the Ministry's Office, the Inspector General of the Ministry, the Heads of Departments, the Directors of the Vietnam Highway Administration, the Director of the Vietnam Railway Administration, the Directors of Provincial Departments of Transport, and the Heads of relevant agencies, organizations, and individuals are responsible for implementing this Circular./.