Decree No. 76/1998/ND-CP Amending and Supplementing Certain Provisions of Decree No. 39/CP of the Government dated July 5, 1996

DECREE

Regarding amendments and supplements to certain articles of Decree No. 39/CP

dated July 5, 1996 of the Government

THE GOVERNMENT

Pursuant to the Law on Government Organization dated September 30, 1992; Pursuant to the Ordinance on the People's Police Force of Vietnam dated January 28, 1989 and the Ordinance amending Article 6 of the Ordinance on the People's Police Force dated July 6, 1995;

Pursuant to the Ordinance on Administrative Violations dated July 6, 1995;

Pursuant to Decree No. 80/CP dated December 5, 1996 of the Government on the organization and operation of specialized traffic inspection activities,

Considering the proposal of the Minister of Transport and the Minister of Justice,

DECREE:

Article 1. Amending and supplementing certain articles of Decree No. 39/CP dated July 5, 1996 of the Government on ensuring railway traffic safety and order as follows:

1. Clause 4 of Article 29 shall be amended as follows:

"4. Poles and telephone poles installed after the issuance of this Decree must be placed at a distance from the shoulder of the railway track greater than the height of the pole."

2. Clause 6 shall be added to Article 42 as follows:

"6. Carrying passengers or goods without tickets."

3. Clause 2 of Article 44 shall be amended as follows:

"2. In cases where trains need to be moved or parked occupying pedestrian crossings, the time for temporarily stopping vehicular traffic shall be implemented according to regulations of the Ministry of Transport."

4. Clause 3 shall be added to Article 45 as follows:

"3. The Ministry of Transport shall stipulate the time for closing barriers at railway-road intersections."

5. Point b of Clause 3 of Article 54 shall be amended as follows:

"b) Not restoring sections of railway tracks that were temporarily allowed to be drilled, excavated, cut, or stripped after completion of construction works."

6. Clause 1 of Article 56 shall be amended as follows:

"1. A warning or a fine of VND 50,000 to 100,000 shall be imposed for any of the following acts:

a) Allowing people to be on top of carriages; clinging to locomotives; standing or sitting at the junction between two carriages.

b) Permitting street vendors to enter stations; boarding trains to sell goods.

c) Permitting unauthorized personnel to board freight trains; allowing people to get on and off while the train is moving; permitting people to lie on luggage racks.

d) Selling passenger tickets or fare tickets beyond the prescribed plan.

đ) After an accident occurs, failing to protect the scene; failing to provide first aid to injured persons.

e) Loading and unloading cargo or baggage not in accordance with regulations causing imbalance, overload, or violation of size limits and securing requirements.

g) Failing to comply with brake testing and inspection procedures as prescribed."

7. Points e and g shall be added to Clause 1 of Article 59 as follows:

e) Being present in areas not permitted within the safety zone of railway traffic infrastructure.

g) Parking motor vehicles or non-motorized vehicles within the safety zone of railway traffic infrastructure."

Article 2. This Decree shall take effect fifteen days from the date of signature.

All previous regulations contrary to this Decree are hereby abolished.

Article 3. Ministers, heads of ministerial-level agencies, and heads of government-affiliated agencies shall be responsible for guiding and implementing this Decree within their respective functions and duties. Chairmen of provincial and centrally-administered city People's Committees shall establish regulations and implementation plans based on local conditions and their authority.

Article 4. Ministries, heads of ministerial-level agencies, heads of government-affiliated agencies, Chairmen of provincial and centrally-administered city People's Committees shall be responsible for enforcing this Decree./.