Decision No. 737/2001/QĐ-BGTVT On the Issuance of the Rules on Railway Crossings

Pursuant to …;

Regarding the issuance of the Level Crossing Regulations

______________

Pursuant to Decree No. 22/CP dated March 22, 1994 of the Government on the tasks, powers, responsibilities for state management, and organizational structure of the Ministry of Transport;

Pursuant to Decree No. 39/CP dated July 5, 1996 of the Government on ensuring traffic safety for railways;

At the proposal of the Director of the Legal Affairs Department under the Ministry of Transport and the General Director of the Vietnam Railway Corporation.

DECISION:

Article 1: Now hereby promulgates the "Level Crossing Regulations" attached hereto.

Article 2: This Decision shall take effect fifteen days from the date of signature and shall replace the Level Crossing Regulations issued pursuant to Decision No. 575/QD dated May 24, 1977 of the Ministry of Transport.

Article 3: The Heads of the Office of the Ministry, Heads of Departments under the Ministry of Transport, the General Director of the Vietnam Railway Corporation, the Directors of the Vietnam Highway Administration, the Quality Control and Supervision Bureau of Transport Construction Projects, the Directors of Provincial Transport Departments, Provincial Transport and Public Works Departments, and all organizations and individuals related to the management, construction, use, and operation of level crossings shall be responsible for implementing this Decision./.

 CHARTER

Level Crossing

_____

(Issued together with Decision No. 737/2001/QĐ-BGTVT

dated March 19, 2001 of the Ministry of Transport)

PART I

GENERAL PROVISIONS

Article 1.

1. The level crossing referred to in these Regulations means the point where railway and road intersect at the same plane, approved by the competent authority for construction to ensure traffic safety.

2. These Regulations shall not apply to: common bridge surfaces (railway and road on the same bridge) and points where railway intersects with road within the premises of stations, ports, cargo yards, factories, and enterprises.

Article 2The scope of a level crossing includes:

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

2. The section of railway between the shoulders of the road at the intersection point (Annex No. 1).

Article 3. Level crossings are classified as follows:

1. By usage period:

a) Long-term level crossing;

b) Level crossing with a specified term;

c) Permanently closed level crossing;

2. By protective measures:

a) Level crossing with a guard and barrier or boom, with road signals, electric bells, and signals blocking the railway or without signals blocking the railway;

b) Unattended level crossing including:

b.1. Automatic boom, with road signals, electric bells, and without signals blocking the railway;

b.2. Without boom, with automatic warning signals, road signals, electric bells, and without signals blocking the railway;

b.3. With signposts, markers, or fences, and road markings;

3. By managing authority:

a) The Vietnam Railway Management Authority manages: public level crossings where roads intersect with main railways or dedicated railways of the railway sector, and internal level crossings where dedicated roads intersect with railways;

b) The Road Management Authority manages: dedicated level crossings where roads intersect with non-railway dedicated railways.

Article 4. Level crossings are classified into specific levels as follows:

1. Level I level crossing:

Main railway intersecting with roads of Levels I, II, and III;

2. Level II level crossing:

Main railway intersecting with roads of Levels IV and V;

3. Level III level crossing:

All remaining level crossings not covered by paragraphs 1 and 2 of this Article;

4. Level crossings located within city centers, urban areas (cities, towns, townships) shall be classified according to the corresponding level determined by the Minister of Transport.

Article 5. Protection of level crossings is regulated as follows:

1. Level I and Level II crossings must be protected in accordance with the provisions of point a or point b.1, point b.2, paragraph 2 of Article 3 of these Regulations.

2. Based on the provisions of point b.3, paragraph 2 of Article 3 of these Regulations, the Head of the Vietnam Railway Management Authority decides on the protection of Level III crossings managed by the railway and internal crossings. The entity directly managing the internal crossing must comply with the decision on the protection of the level crossing made by the Head of the Vietnam Railway Management Authority; the Director of the Vietnam Highway Administration decides for dedicated crossings.

Article 6. The signaling system of level crossings is state property, a means of ensuring traffic safety and preventing accidents; everyone has the responsibility to protect the signals at level crossings; they may not arbitrarily move, appropriate, damage, or reduce the effectiveness and function of the signals on the road.

Article 7. Annually, railway management agencies and road management agencies coordinate to inspect and develop plans for repairing level crossings.

Level crossings under the management of the Vietnam Railway Management Authority shall be inspected primarily by the railway management authority, with participation from the road management authority.

Dedicated level crossings shall be inspected primarily by the road management authority, with participation from the dedicated railway management authority.

Article 8. Traffic inspection forces of railways and roads have the responsibility to inspect and supervise compliance with laws regarding the protection of transport infrastructure and traffic safety at level crossings.

Chapter II

SCOPE OF VIEW, POSITION, ANGLE OF INTERSECTION

Article 9. The minimum visibility requirements for drivers and train operators must be ensured as follows:

1. Drivers of road vehicles under normal weather conditions must be able to see trains approaching the level crossing from a distance of at least 400 meters when they are at a distance equal to the braking sight distance for that class of road (point 8.3.3, Annex I);

2. Train operators in their positions under normal weather conditions must be able to see the level crossing from a distance of 1,000 meters or more

(Figure 6, point 8.3.1, Annex I).

Article 10. The location of level crossings must satisfy the following conditions:

1. Located on a straight section of railway. If a level crossing must be placed on a curved section, the curve radius must be 300 meters or greater;

2. Located at least 100 meters away from the entrance to a railway tunnel or bridge abutment;

3. Located outside the station entry signal; in difficult cases, it may be placed at a distance of 50 meters or more from the station entry post and 12 meters or more from other signals (including those in the interlocking area). In special cases, it may be placed at a distance of 25 meters or more from the station entry post for yield stations.

4. Prohibited from being placed in sections of railway track with reduced speed or over railway signs.

Article 11. The angle of intersection between railway and road must be 90 degrees; in difficult terrain, the angle of intersection must not be less than 45 degrees.⁰In cases of difficult terrain, the intersection angle must not be less than forty-five degrees⁰.

Chapter III

LEVEL CROSSING STRUCTURES AND ARCHITECTURE

Article 12. The section of road at level crossings, in addition to complying with the regulations of the National Standard TCVN 4054-98 for automobile roads, must also meet the following specific requirements:

1. The road from the outer rail edge outward must be straight for a distance equal to the prescribed visibility range under Article 9 of this Regulation; in cases of difficult terrain, it shall not be less than 15 meters; on this straight section, speed-reducing barriers shall be installed to alert road traffic vehicles before entering the crossing.

2. The width of the vehicle lane of the automobile road at the intersection level with the railway track within a 200-meter radius from the centerline of the railway track in both directions shall not be less than 6 meters.

On first-class and second-class level crossings and level crossings within urban areas, there must be a dedicated pedestrian path within the scope of the level crossing;

3. From the outer rail edge outward, the road must be a flat surface for a length of 10 meters if it is an embankment roadbed and 15 meters if it is a cut roadbed. Following that section, there must be a minimum length of 20 meters with a slope not exceeding 3%, and in mountainous areas and difficult terrain, it shall not exceed 6%.

4. To drain water along both sides of the railway tracks, if transverse culverts need to be constructed through the roadbed, they must comply with the current technical regulations for roads and shall not cause erosion or collapse of the roadbed and railway subgrade.

Article 13. The paving of the road within the crossing area is specified as follows:

1. The road surface between the two outer main rails and extending outward from each outer rail for a minimum distance of 10 meters shall be paved with asphalt concrete or gravel coated with asphalt or laid with reinforced concrete slabs. When using reinforced concrete slabs to pave the crossing inside the railway (between the two main rails), it shall extend outward from the outer rail edge for a minimum of 1 meter, followed by a minimum of 10 meters of asphalt concrete or gravel coated with asphalt.

2. The height of the paving surface within the railway track must be equal to the height of the rail head and may be up to 10 millimeters higher than the rail head;

3. The height of the paving surface adjacent to the outside of the main rail must be equal to the height of the rail head and may be up to 5 millimeters lower than the rail head;

4. The paving surface must be stable. Reinforced concrete panels must be securely connected.

Article 14. The railway section within the crossing area must meet the following requirements:

1. Technical requirements:

a) Along the inner edge of the main rail on a straight section or on a curve with a radius of 500 meters or more, there must be a rail joint gap of 50 to 80 millimeters wide; on curves with a radius smaller than 500 meters, the rail joint gap must be 90 millimeters wide;

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

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

d) Rail spacers placed horizontally or vertically or special reinforced concrete slabs can be used to create rail joint gaps. When using vertical rail spacers, they must be spaced apart by no more than 1.5 meters and secured to the main rail with full-length bolts.

Both ends of the rail joint gap must be widened inward toward the center of the railway track so that the end of the rail joint gap is 250 millimeters wide, with the widening starting 500 millimeters from the end of the rail joint gap.

e) Rail joints shall not be placed within the crossing area. If the crossing is long, rail joints must be welded together; if welding is not possible, the rails must be pushed together to fuse the joints.

f) All rail fasteners within the scope of the level crossing must be complete and securely connected.

2. Material requirements:

a) Switches placed within the crossing area must be made of concrete or steel switches, with wooden switches being limited. If wooden switches are used, they must be of high-quality wood and treated with preservatives.

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

Article 15. A crossing guard house may only be constructed upon the decision of the Head of Vietnam Railway and must satisfy the following conditions:

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

2. It must be located where it can observe both sides of the road and railway; facilitate the work of crossing guards; and not obstruct the view of road users on the railway and road.

3. The nearest part of the crossing guard house must be at least 3.5 meters away from the outer rail edge and the edge of the vehicle lane, and not more than 10 meters away. The entrance door must open towards the road; the walls of the house must have windows with clear glass to see the road and railway clearly; the floor of the house must be higher than or at the same level as the rail surface; the working area in the crossing guard house must be 8 square meters.², in addition, there must be a toilet, clean water, and lighting; if the working area exceeds 8 square meters² This must be approved by the competent authority.

Chapter IV

SIGNALING AT LEVEL CROSSINGS

PART I: SUFFICIENT VISIBILITY LEVEL CROSSINGS

Article 16. Along both sides of the road leading to the crossing, posts must be installed according to the current Road Traffic Signaling Regulations (Appendix II).

The closest warning post to the railway must be 2.5 meters from the outer rail, and the length of each row of warning posts measured from the outer rail must be at least 20 meters.

At level crossings where protective measures are organized, the warning posts from the road barrier to the railway must be replaced with fixed barriers, with horizontal bars placed across the entire length of the barrier.

Article 17. On the surfaceorganize credit institutions, foreign bank branches are responsible for organizing the implementation of this Circular. of the road leading to a first or second-class crossing, if the road surface is covered with asphalt concrete or reinforced concrete slabs, from the point where the barrier begins to 3 meters at locations with barriers or from the outer rail to 5 meters at locations without barriers, a continuous white line must be painted or laid across the road surface ("stop line" 1.12 Appendix 8).

The specifications for these lines must comply with the current Road Traffic Signaling Regulations (Appendix II Articles 50, 51, 52, 53 and Appendix 8).

Article 18. On both sides of the road leading to the crossing, signaling signs must be placed according to the current Road Traffic Signaling Regulations:

1. Before crossings guarded by personnel: the sign "intersection with railway with barrier" (Sign 210 Appendix IX);

2. Before unguarded crossings: the sign "intersection with railway without barrier" (Sign 211 Appendix IX);

3. The supplementary sign "railway crossing" (Sign 508a or 508b Appendix 7) must be placed on the road, 10 meters away from the outer rail of the railway track, to supplement the sign number 211 mentioned in Clause 2 of this Article.

Article 19. Crossings equipped with protective measures must have warning lights and bells installed on the road.

Warning lights and bells on the road (except in cases where the road intersects with another road running parallel to the railway) must be placed before the barrier (or directly attached to the barrier post) or located at least 6 meters away from the outer rail.

Article 20. The warning lights and bells on the road specified in Article 19 of this Regulation must meet the following requirements:

1. The warning light must have two red lights placed horizontally, which alternate flashing when turned on. When a train approaches the crossing, the warning light turns on; all traffic must stop. Once the train has passed through the crossing and the barrier is fully open, the warning light turns off, and normal traffic resumes on the road;

The time the warning light turns on must ensure that it is at least:

a) 50 seconds when using automatic warning lights and automatic barriers;

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

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

At first and second-class crossings, electric warning lights must be used.

2. The bell must be installed on the same pole as the warning light, and its sound level must be sufficient for pedestrians to hear it from a distance of 15 meters. The bell sounds when a train approaches the crossing. It stops sounding once the barrier is fully closed.

Article 21.

1. The brightness and angle of emission of the warning light must ensure that the driver of a road vehicle can see the signal from a distance of at least 100 meters.

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

See Appendix III for the layout of warning lights on the road.

Article 22. On both sides of the railway approaching the crossing, the sign "Sound Horn" must be placed. The position and specifications of the sign are defined in the Railway Signal Procedures of Vietnam.

Article 23. On both sides of the railway approaching a manned crossing, when it is necessary to place a blocking signal, the Head of Vietnam Railways decides, except for the following crossings:

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

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

"d) Within no more than one working day from the date of receiving the dossier submitted for administrative procedures by the specialized agency assigned by the Provincial People's Committee, the Chairman of the Provincial People's Committee shall issue a notification of the result of the inspection of plant-based food exports or a certificate at the request of the importing country."

1. Blocking signals on the railway must be placed between 100 meters and 500 meters 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 according to Article 49 of this Regulation, blocking signals on the railway should be arranged at both ends of the common area for those crossings.

2. Blocking signals must be placed on the left side facing the direction of the train approaching the crossing. In special difficult circumstances, if permitted by the Head of Vietnam Railways, they may be placed on the right side facing the direction of the train approaching the crossing.

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

Article 25

1. The blocking signal on the railway is a red signal, and when activated, it indicates that trains must stop.

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

3. For manned crossings located within sections equipped with automatic crossing closure devices, regardless of whether there is a blocking signal on the railway or not, equipment must be installed to switch the nearest closure signal to the closed state promptly when obstacles affecting train operation appear on the crossing.

Article 26. Inside the level crossing guard house, communication and signaling devices such as telephones or automatic notification devices must be provided to inform the guard when a train approaches the level crossing.

Article 27. Manned crossings located where national grid electricity is available must be equipped with lighting during nighttime and daytime fog conditions. The light intensity must allow drivers to clearly see the signals from the crossing guard.

Article 28. All signaling and protective equipment for manned crossings powered by electricity must be centrally controlled from the crossing guard house. These devices must always be in good working condition and operable manually if the automatic system fails suddenly.

If centralized control is not possible, permission from the Head of Vietnam Railways must be obtained.

Article 29. Manned crossings must have barriers at both ends of the road leading to the crossing. The barrier beam must be placed 6 meters from the outer rail. In restricted terrain conditions, the barrier must not violate the architectural clearance limit of the railway.

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

All non-automatic barrier beams must have a locking mechanism to prevent them from moving freely.

Article 30. At manned crossings, once the barrier is closed, the barrier beam must completely block the road surface, tightly against the fixed fence, and must be at least 1 to 1.2 meters higher than the road surface.

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

When the barrier opens, no part of the barrier must obstruct the clear airspace over the road.

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

Article 31. Barriers at level crossings with guards come in two types: lever barriers and frame barriers. The specifications and technical standards of lever barriers and frame barriers are defined according to the diagrams in Appendix IV.

Article 32. Level I and Level II crossings with protective facilities must be equipped with automatic barriers or automatic warning signals. When there are no automatic barriers or automatic warning signals, personnel must be stationed.

Article 33.

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

a) 40 seconds for automatic barriers;

b) 60 seconds for electric barriers and winches;

c) 90 seconds for manual barriers.

2. The barrier must not be closed more than 3 minutes before a first or second-class crossing and more than 5 minutes before a third-class crossing before the train reaches the crossing (except for crossings with specific regulations set by the Ministry of Transport).

Article 34. The mechanisms and automatic barrier equipment must ensure the following sequence of operations:

1. When the train approaches the level crossing, the red signal light on the road and the red light on the automatic barrier will turn on, and the warning bell will sound automatically. After 7 to 8 seconds, the barrier begins to close. Once the barrier is fully closed, the warning bell will turn off.

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

For level crossings equipped with automatic barriers without a guard, only half or two-thirds of the road width should be covered by the barrier. The remaining part of the road must be at least 3 meters wide and located on the left side of the vehicle approaching the level crossing.

Chapter II: LEVEL CROSSINGS WITH INSUFFICIENT VISIBILITY

Article 35.

1. Where the road runs parallel to the railway and there is a branch leading to the railway, if the length of the road from the branch point to the outer rail of the railway is less than 10 meters, a立体交叉或设置绕行道路以延长分支路段，使其足够长以便设置警告标志、标柱和路面标记。

2. The placement of warning signs on the aforementioned road section shall be as follows:

a) If the length of the road section is less than 10 meters, no danger warning sign shall be placed;

b) If the length of the road section is between 10 meters and 50 meters, only a supplementary sign stating "railway crossing road" (Sign 508a or 508b) shall be placed;

c) If the length of the road section exceeds 50 meters, warning signs shall be placed according to the provisions of Article 18 of this Regulation.

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

Article 36. At intersections where a branch road leads to a crossing with protective facilities, when the distance from the intersection to the crossing is less than 50 meters, the road management authority must:

1. Warning lights shall be installed at intersections where there are no traffic lights to inform road users approaching the intersection that they must stop before the intersection when the barrier at the level crossing ahead is closing.

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

2. Road warning lights parallel to the railway shall display signals consistent with railway signals (when the road is closed at the level crossing for trains to pass; the road parallel to the railway must remain clear).

Article 37. For roads intersecting both the railway and roads running parallel to the railway, the placement of warning signs on the road entering the level crossing shall be as follows:

1. Where the road entering the level crossing first intersects another road and then intersects the railway, it shall comply with the provisions of Article 35 of this Regulation.

2. Where the road entering the level crossing does not intersect another road, it shall comply with the provisions of Article 18 of this Regulation.

Chapter V

PROVISIONS ON TRAFFIC AT LEVEL CROSSINGS

Article 38. Road users passing through level crossings must comply with the following regulations:

1. Priority must be given to railway traffic;

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

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

b) The barrier blocking the road;

c) Signal lights and warning bells;

3. When there is a stop signal (order from the crossing guard, red flag, red sign, red light, ringing bell, barrier closed), all road users (including those with priority rights) must stop on their right side of the road at least 3 meters away from the stop signal (before the stop line specified in Article 17 of this Regulation);

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

5. For level crossings referred to in point b, Clause 2, Article 3 of this Regulation (only with warning signs, posts, or fences, and road markings), road users approaching the level crossing must pay attention to the signs, listen for train horns, observe the railway tracks from both sides of the level crossing, and if they see a train or railway vehicle approaching the level crossing, they must stop at least 5 meters away from the outer rail and bear full responsibility for any accidents that occur.

Article 39. Within the level crossing area, parking and reversing vehicles are prohibited.

When it is necessary to park near a level crossing, the driver of the road vehicle must follow the road traffic signs. In the absence of such signs, the vehicle must be parked at least 10 meters away from the barrier at a location with a barrier or at least 20 meters away from the outer rail at a location without a barrier.

Article 40. Vehicles with caterpillar tracks, iron wheel rollers, and oversized cargo transport vehicles exceeding the maximum dimensions allowed on roads must report to the crossing guard in advance before passing through the level crossing so that the guard can arrange and guide them through. At locations without a crossing guard, they must report in advance to the direct management unit of the railway section to assign personnel to protect and guide them through the level crossing.

Article 41. When a road vehicle breaks down, has an accident, or its cargo falls at a level crossing without a guard, and the nearest point of the vehicle or cargo is less than 1.7 meters from the outer rail, the driver of the road vehicle must take measures to notify the train to stop before the obstruction.

(Appendix V)

Article 42. Unorganized convoys and livestock must be divided into small groups according to current laws on road traffic when passing through level crossings. For livestock passing through level crossings, the person leading the animals must guide them.

Article 43. Unauthorized persons are prohibited from climbing, moving, or touching level crossing signals and equipment; entering the level crossing guard house.

Article 44. When approaching a level crossing, the driver of the railway vehicle must sound the horn, pay attention to the stop signals, and warning signals at the level crossing (if available), and observe the level crossing to quickly brake the train upon seeing a stop signal or encountering an obstacle.

Article 45.

1. When maintaining or repairing the railway requires stopping trains at level crossings affecting road traffic, permission from the Head of Vietnam Railway and written agreement (if necessary) from the Director of Vietnam Highway Administration must be obtained.

3. When it is necessary to park a train on a level crossing, the parking time must not exceed 3 minutes on Class I and Class II level crossings, and must not exceed 5 minutes on Class III level crossings (except for level crossings with specific regulations set by the Ministry of Transport).

3. When trains must be stopped at level crossings, the duration of stopping shall not exceed 3 minutes at Class I and Class II level crossings, and shall not exceed 5 minutes at Class III level crossings (except for level crossings with specific regulations set by the Ministry of Transport).

Chapter VI

ORGANIZATION OF CROSSING PROTECTION

Article 46. At level crossings with guards, the following must be done:

1. Equip with all required facilities and equipment as prescribed;

2. Maintain continuous presence day and night according to shift schedules.

Article 47.

1. The Head of Vietnam Railway is responsible for organizing the management and protection of level crossings within the jurisdiction of Vietnam Railway.

2. The Director of Vietnam Highway Administration is responsible for organizing the management and protection of dedicated level crossings under the jurisdiction of Vietnam Highway Administration.

3. The Minister of Transport authorizes the Head of Vietnam Railway to provide detailed guidance on the organization of level crossing protection.

Chapter VII

MANAGEMENT AND CONSTRUCTION OF LEVEL CROSSINGS

Article 48.

1. The construction of new residential areas, industrial zones, entertainment facilities, schools, commercial centers, hospitals, and other projects must comply with the provisions of Articles 28 and 29 of Decree 39/CP dated July 5, 1996, issued by the Government regarding the assurance of railway traffic safety and order.

2. The construction of works mentioned in Clause 1 of this Article, if it requires the creation of a level crossing with railway tracks, must maintain a distance of at least 25 meters from the nearest point of the work to the centerline of the railway track and must have a written agreement with the State Management Authority for Railways.

Article 49.

1. Main railway lines intersecting with new or upgraded national roads of Class I, Class II, and Class III must be constructed with overpasses or underpasses. For existing level crossings, they shall gradually be replaced with overpasses or underpasses.

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

3. Organizations that require the establishment of new level crossings, construction of new overpasses, or underpasses through railways must obtain permission from the Ministry of Transport.

Article 50. The authority to establish, abolish, or upgrade level crossings is as follows:

1. Level crossings of Class I and Class II are decided by the Minister of Transport.

2. For level crossings within city centers or town centers, the decision is made by the Minister of Transport after receiving proposals from the Ministry of Construction and the People's Committee of the city or town.

3. Level crossings of Class III, level crossings where roads intersect with dedicated railway lines managed by the railway sector, and internal level crossings are decided by the Head of Vietnam Railway.

4. Level crossings where roads intersect with dedicated railway lines (not managed by the railway sector) are decided by the Director of the Vietnam Highway Administration.

5. Construction of level crossings can only proceed after obtaining an establishment decision and having design documents approved by the competent authority.

6. The construction of new level crossings with special characteristics must be approved by the Minister of Transport.

Article 51.

1. Local authorities where railways pass through are responsible for organizing the removal of level crossings without valid establishment decisions as stipulated in Article 50 of these Regulations.

For roads managed by provinces, counties, or communes, if it is necessary to establish a level crossing, the People's Committee at the relevant management level shall handle the application procedures. After approval by the competent authority, they must implement according to regulations.

2. Railway management units are responsible for proactively coordinating with local authorities to remove illegal level crossings.

Article 52.

1. Applications for establishing, abolishing, or upgrading level crossings must include a form as prescribed in Appendix VI and be submitted to the authorized person as specified in Article 50 of these Regulations.

2. All constructions and equipment at level crossings, upon completion, must be inspected and handed over to the railway management unit according to current regulations. The inspection team must include representatives from the construction unit, railway management, and road management.

3. Railway management units and road management units have the responsibility to monitor level crossings that are used on a temporary basis and require the using units to dismantle them when their term expires.

Article 53All organizations applying to establish level crossings, upgrade them, construct underpasses, or overpasses through railways must comply with investment capital regulations, specifically as follows:

1. New railways crossing roads shall be undertaken by the railway project sponsor;

2. New national highways crossing railways are funded by the highway project sponsor.

3. New provincial roads, county roads, and inter-village roads crossing railways are funded by local budgets, other sources, and contributions from the public.

4. Agencies, enterprises, companies... constructing new level crossings must self-fund.

Article 54. Capital for managing and repairing level crossings managed by the railway and road sectors is allocated from the budget. Capital for managing and repairing specialized level crossings is the responsibility of the managing and using entity.

The competent authority deciding to establish a level crossing must clearly specify the source of capital for managing and repairing that level crossing.

Article 55The scope of level crossing management is defined as follows:

1. Railway management includes:

a) Signage, signals, information, and lighting on the railway and on the road within the level crossing area;

b) Guard houses; roadbeds, road surfaces, fixed fences within the level crossing area.

2. Road management: roadbeds, road surfaces, traffic signs, markings on the road surface leading up to the level crossing area.

3. Management units must ensure that all assigned works, facilities, and signals remain in operational condition on level crossings.

Article 56. When repairing level crossings affecting road traffic, the railway construction unit must coordinate with the road management authority, ensuring no disruption to road and railway traffic during repairs. During repairs, safety measures must be ensured, and personnel may be assigned to guide pedestrians and vehicles through the level crossing; warning signs must be placed, red lights at night; during breaks between repair sessions, personnel must be arranged to direct and guide road traffic safely through the level crossing.

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

After repairs are completed, the level crossing must undergo inspection and handover according to regulations.

Chapter VIII

FINAL PROVISIONS

Article 57. The construction of new level crossings must comply with these Regulations.

Existing level crossings that do not meet the provisions of these Regulations must gradually be improved and repaired according to available funding.

Until level crossings are improved and repaired in accordance with these Regulations, level crossing management units must take necessary measures to ensure traffic safety.