LAW

RAILWAY 

BASED ON THE CONSTITUTION OF THE SOCIALIST REPUBLIC OF VIETNAM AS AMENDED AND COMPLEMENTED BY RESOLUTION NO. 203/2025/QH15 has been amended and supplemented with some articles pursuant to Resolution No. 203/2025/QH15;

The National Assembly promulgates the Law on Mobile Police Railways.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Law stipulates activities related to railways; rights, obligations, and responsibilities of organizations and individuals involved in railway activities.

Article 2. Applicability

This Law applies to organizations and individuals within the country; foreign organizations and individuals related to railway activities on the territory of the Socialist Republic of Vietnam.

Article 3. Explanation of Terms

In this Law, the following terms shall be understood as follows:

1. Railway activities refer to the activities of organizations and individuals in the fields of planning, investment in construction, management, maintenance, protection of railway infrastructure; railway transportation; railway industry; railway traffic safety; railway business and other related activities.

2. Train operation refers to the activity of moving railway transportation means.

3. Railway facilities Railway infrastructure

4. includes: railway tracks, bridges, culverts, tunnels, retaining walls, stations, maintenance and repair areas (depots), information systems, signaling systems, fixed signaling systems, traction power supply systems for railways, and other auxiliary works and equipment of railways. Railway technical infrastructure projects connected with railway works

5. include: power supply systems from the grid for railway works; water supply and drainage systems for railway works; roads leading to railway stations; personal parking lots; transfer points between road and railway. Railway industrial works

6. are constructions built to serve production, assembly, repair, and modification of railway transportation means; production of spare parts, components, materials, and specialized equipment for railways. Transit-Oriented Development (TOD)

7. refers to urban planning, investment in renovation, refurbishment, and development solutions that focus on railway connection points as centers for residential and commercial services, office spaces. Local railway project under the TOD model

8. is an investment project established for the entire or part of a local railway line combined with urban development in the TOD area.Railway project

9. Level Crossing refers to national railway projects, local railway projects, or local railway projects under the TOD model.

10. Railway station is a place where railway transportation means stop, avoid, overtake, pick up, drop off passengers, load and unload goods, perform technical operations, and provide other services.

11. Railway traffic safety zone Railway right-of-way

12. is the strip of land along both sides of the railway track, measured from the outer edge of the land within the railway protection zone. Railway infrastructure structure

13. includes railway works, the protection zone of railway works, and the railway traffic safety corridor. Station platform (boarding and alighting ramps)

14. are facilities in railway stations serving passengers boarding and alighting trains, loading and unloading goods. Railway gauge

15. is the shortest distance between the inner edges of two rails. Section interval

16. is the section of railway track connecting two adjacent stations, calculated from the position of the entry signal at this station to the nearest entry signal position at the next station. Section segment

17. is a collection of several section intervals and consecutive railway stations suitable for train operations. Railway business

18. includes railway infrastructure business and railway transportation business. Unauthorized crossing

19. Protected area of railway works is a road at grade crossing with the railway constructed, used, and operated by organizations or individuals without permission from the competent authority.

20. Railway transportation means include locomotives, carriages, and specialized railway transportation means.

21. TOD area planning is specialized planning developed with a priority on public transportation for the area including the station and surrounding areas.

22. Vessel is formed by locomotives and carriages or single locomotive runs, dedicated motive power units moving on railway tracks.

Article 4. Basic Principles in Railway Operations

1. Ensuring smooth, orderly, safe, accurate, and efficient transportation activities; meeting cargo and passenger transport demands; promoting economic and social development; ensuring national defense, security, and environmental protection.

2. Developing railways according to planning and plans, integrating with other modes of transportation and international connections, ensuring modernity, civilization, and synchronization.

3. Centralized and unified management of railway transportation activities.

4. Separating the state management function of state agencies from business operations of enterprises, and distinguishing infrastructure business from transportation business on national railways invested by the State.

5. Ensuring fair and equal competition among domestic and foreign organizations and individuals of all economic sectors participating in railway business.

6. International cooperation in railway activities must be consistent with Vietnam's foreign policy and principles of peace, cooperation, friendship, and common development based on respect for independence, sovereignty, territorial integrity, equality, mutual benefit, and the highest national interests, complying with Vietnamese laws and relevant international treaties to which the Socialist Republic of Vietnam is a member.

Article 5. State Preferential Policies and Support for Railway Development

1. Prioritizing budget allocation for investment in developing, upgrading, maintaining, and protecting national and local railway infrastructure, developing railway industry, and training human resources to ensure that railway transportation plays a leading role in the national transportation system, serving economic and social development tasks while ensuring national defense and security.

2. Mobilizing local resources to participate in compensation, resettlement support, and construction of certain components of national railway infrastructure within the scope of localities where railway projects pass through.

3. Prioritizing land funds for railway infrastructure and railway industrial construction projects during land use planning processes.

4. Railway infrastructure business serving transportation activities; railway transportation business; railway industry; and railway human resource training are prioritized investment sectors.

5. Organizations participating in railway infrastructure business may use dedicated radio frequency bands for railway traffic control work and power supply systems for train operation.

6. Organizations and individuals participating in railway business shall enjoy preferential and support measures as follows:

a) Exemption or reduction of land use fees and land lease fees for railway land according to the provisions of the Law on Land.

b) Access to state credit investment loans or government guarantees for loan capital according to the Law on Public Debt Management when investing in national and local railway infrastructure development; purchasing railway transportation equipment, machinery, and facilities for railway infrastructure maintenance; developing the railway industry.

c) The State will provide partial funding from the state budget and preferential credit for organizations participating in railway business in areas with difficult socio-economic conditions; subsidize public passenger transportation services by urban rail.

d) Priority in purchasing and using domestic goods and services, or mandatory purchase and use of goods and services from domestic producers or service providers, except for railway construction projects and projects for the procurement and new construction of locomotives and railway cars.

7. Enterprises participating in railway industry investment and development, and railway infrastructure business shall enjoy preferential corporate income tax rates.

8. Encouraging, supporting, creating favorable conditions, and protecting the legitimate rights and interests of domestic and foreign organizations and individuals investing in and operating railway infrastructure and railway transportation; connecting railways with other modes of transportation; developing the railway industry; researching, applying science and technology, transferring technology, digital transformation, and training and developing human resources.

Article 6. Prohibited Acts in Railway Operations

1. Sabotaging railway works and transportation means; disrupting railway traffic order and safety.

2. Encroaching on railway traffic safety corridors and protective zones of railway works;擅自开设穿越铁路的通道，未经有权机关批准。

3. Altering or obscuring railway signaling and traffic signal systems.

4. Arbitrarily signaling or using devices to stop trains, except in cases where hazards that endanger railway traffic safety are discovered.

5. Arbitrarily placing obstacles, flammable materials, explosive materials, or harmful substances within the protective zones of railway works and railway traffic safety corridors.

6. Operating trains at speeds exceeding the prescribed limits.

7. Railway employees performing duties with alcohol concentration in blood or breath; having prohibited stimulants or narcotics in their bodies.

Article 7. Classification of Railways and Technical Grades of Railways

1. The Vietnamese railway system includes:

a) National railways serving the common transport needs of the country and international through transport;

b) Local railways serving the transport needs of localities and economic regions. Urban railways are a type of local railway serving passenger transport needs in urban areas and surrounding regions;

c) Dedicated railways serving the specific transport needs of organizations and individuals.

2. The technical grade of railways is determined according to national standards; the organization of construction, review, and publication of standards for railway technical grades shall be carried out in accordance with the provisions of laws on standards and technical regulations. The technical grade of railways includes:

a) Railways with a design speed of 200 km/h or higher are high-speed railways;

b) Railways with a design speed below 200 km/h are classified into grades I, II, III, and IV.

Article 8. Railway Gauge

1. Railway gauges include standard gauge of 1435 mm and narrow gauge of 1000 mm.

2. New national railways and local railways must adopt the standard gauge, except in cases where they connect with narrow gauge railways.

3. For dedicated railways:

a) The gauge of dedicated railways connecting with national railways is decided by the Minister of Construction;

b) The gauge of dedicated railways not connecting with national railways is decided by the investor.

Article 9. General Requirements for Railway Infrastructure

1. Railway infrastructure must ensure operational functions, exploitation, effectiveness, and compliance with transportation network planning.

2. New construction, renovation, and upgrading of railway infrastructure must ensure stability, durability, integration, meet technical requirements, ensure safety, environmental protection, fire prevention, explosion prevention, disaster prevention as stipulated by law, and ensure defense and security tasks.

Article 10. Railway Traffic Rules

1. Railway traffic rules include train command, formation, consolidation, operation, avoidance, overtaking, stopping, and reversing.

2. Depending on the requirements of each type of national railway, local railway, and dedicated railway, railway traffic rules may consist of one or several of the contents specified in Clause 1 of this Article.

3. The Minister of Construction shall provide detailed regulations for this Article.

Article 11. Railway Traffic Signal System

1. The railway traffic signal system includes commands from railway traffic controllers, train control systems, onboard signals, ground signals, signboards, warning flares, and torches. Signals represent orders and conditions for train operation, consolidation, and stopping.

2. The railway traffic signal system must be complete, accurate, clear, ensure safety, and enhance train operational capacity.

3. Railway staff and traffic participants must comply with railway traffic signals.

4. The Minister of Construction shall provide detailed regulations on this matter.

Article 12. Fixed Signaling Systems on Railways

1. Fixed signaling systems on railways include: signboards, markers; warning signs; barriers; boundary stakes; other signaling devices.

2. Fixed signaling systems on railways must be constructed and installed fully in accordance with the technical grade and type of railway, ensuring continuous good operation.

Article 13. Railway Traction Power Supply System

1. The railway traction power supply system includes: substations, transmission lines, distribution stations, power supply systems for railway transportation equipment; control and monitoring systems for protection and electrical safety.

2. The railway traction power supply system must be centrally controlled and monitored; the State must prioritize ensuring stable and uninterrupted power supply to prevent disruptions to train operations.

Article 14. Railway Interconnection

1. Railway interconnection involves connecting railway lines to each other through infrastructure connections, railway traffic management; connecting railways to roads at railway stations or linking railway lines to airports, seaports, inland ports, and river ports.

2. Investment in railway construction must ensure synchronous and effective interconnection with other modes of transport.

3. Airports with a capacity of 30 million passengers per year or more, Class I seaports and inland ports with a capacity of 50,000 TEUs per year or more located in provinces and cities where national and local railways pass through must be planned to connect with railways within the port to meet transportation needs, economic and social development, national defense, security, and environmental protection.

4. When establishing, adjusting planning, and constructing airport, seaport, and inland port projects as stipulated in Clause 3 of this Article, land must be reserved for building railway connection facilities. The project investor is responsible for coordinating and synchronizing the construction of railway connection facilities according to the approved planning implementation plan.

5. Track interconnection between railway lines:

a) Locations for track interconnection between domestic railway lines at railway stations;

b) Only national railways are permitted to interconnect tracks with foreign railways;

c) The owner of dedicated railways decides on track interconnection between dedicated railways they have invested in.

6. The Minister of Construction decides on track interconnection between national railways and foreign railways; specifies conditions, procedures, and formalities for implementing track interconnection between domestic railway lines, except for the case stipulated in point c of Clause 5 of this Article.

Article 15. Railway Lines and Railway Stations

1. A railway line is one or more consecutive sections from the first railway station to the last railway station. The railway line must ensure compliance with the railway planning as stipulated in Article 19 of this Law, guarantee technical safety, and effectively connect with other modes of transport. Naming, commissioning, suspending operations, and dismantling railway lines shall be decided by the competent authority.

2. Classification of railway stations:

a) Railway stations are classified according to their functions into passenger stations, freight stations, technical stations, and mixed stations;

b) Railway stations are classified according to their transportation connection characteristics into international transit stations, border stations, hub stations, and urban stations.

3. Technical levels of railway stations:

a) Railway stations are divided into different technical levels including station buildings, squares, warehouses, cargo yards, platforms, fences, service areas for passenger pick-up and drop-off, waiting rooms, ticket counters, catering service areas, public restrooms, necessary equipment, and related facilities for railway operations;

b) The Minister of Construction shall provide detailed regulations on this matter.

4. Provinces and cities through which national railways pass must arrange passenger stations in central areas or convenient locations for access and connection with other modes of transport.

5. At border railway stations, international transit stations, and railway stations located in the centers of provinces and cities, offices for relevant state management agencies must be arranged for regular operation.

6. Border stations and international transit stations must have workspaces and accommodations for neighboring country's railway staff performing duties; space must be allocated for installing necessary technical equipment related to entry and exit, health quarantine, export, and import of goods.

7. At railway stations, bus pick-up and drop-off points and other motor vehicle transport means must be arranged; at permitted stations, commercial service construction projects, office buildings, and public telecommunications service provision points may be established.

8. The Government shall specify the procedures for naming, commissioning, suspending operations, and dismantling railway lines and railway stations.

Article 16. Railway Intersections with Railways or Roads

1. Railway intersections with other railways must be at different levels, except for cases where dedicated railways intersect with other dedicated railways.

2. Railway intersections with roads must be constructed as grade-separated interchanges for cases as prescribed by the Minister of Construction.

3. The project investor constructing new railways must be responsible for building grade-separated interchanges as stipulated in Clause 1 and Clause 2 of this Article. The project investor constructing new roads must be responsible for building grade-separated interchanges as stipulated in Clause 2 of this Article.

4. When upgrading existing level crossings on national railways as specified in Clause 2 of this Article, grade-separated interchanges must be built. In cases where there is insufficient funding to clear land and construct grade-separated interchanges, continued level crossings are allowed.

5. The construction, upgrading, and improvement of level crossings must be granted and extended permits by the competent authority as stipulated in Clause 8 of this Article.

6. For existing level crossings that intersect at the same level with existing railways prior to the effective date of this Law and have not been implemented as required under Clause 2 of this Article, railway infrastructure operating enterprises must take measures to ensure train safety at these locations.

7. The Minister of Construction shall specify:

a) Level crossings, traffic conditions in level crossing areas; granting, extending, modifying, improving, and revoking level crossing construction permits;

b) Shared road-rail bridges; traffic conditions on shared road-rail bridges, within tunnels;

c) Connecting road traffic signals with railway warning signals at level crossings, providing support information at level crossings between roads and railways.

8. Authority to grant, extend, modify, improve, and revoke level crossing construction permits:

a) The Minister of Construction has authority over level crossings managed by himself on national railways;

b) The Chairman of the People's Committee of a province has authority over level crossings managed by himself, level crossings invested in and managed by enterprises on national railways, local railways, and dedicated railways.

9. The Government shall specify the timeline and responsibilities for handling railway intersections with railways and railway intersections with roads that do not comply with the provisions of this Article.

Article 17. Parallel Railways and Roads

1. Railways and roads running parallel must ensure that the railway construction protection zone extends beyond the area designated for road protection and maintenance.

2. In cases where it is not possible to arrange according to the provisions of Clause 1 of this Article, protective structures must be constructed on the road shoulder adjacent to the railway to separate them.

3. When the railway runs parallel above the road, the vertical distance from the highest point of the road surface to the lowest point of the railway structure above must ensure the clearance height for the road.

4. When the road runs parallel above the railway, the distance from the top of the railway track to the lowest point of the road structure must ensure the architectural gauge limit of the railway.

Article 18. State Management of Railway Operations

1. Contents of state management over railway operations:

a) Drafting, promulgating, and implementing legal normative documents, standards, technical regulations, and economic-technical norms specific to railways; promoting, disseminating, and educating about laws and knowledge related to railway operations;

b) Drafting and implementing railway network planning, railway route planning, railway station planning, and other related planning; drafting and implementing plans and policies for railway development;

c) Guiding, inspecting, and evaluating the implementation of construction quality management work, infrastructure management, and railway maintenance;

d) Guiding, inspecting railway transportation activities, railway traffic control activities, and railway transportation means;

đ) Inspecting security and safety assurance work for railway operations;

e) International cooperation in railway activities;

g) Managing prices, fees, and charges in railway operations;

h) Supervising, inspecting, resolving complaints and grievances, and handling violations of law in railway operations.

2. Responsibilities of state management agencies regarding railway operations:

a) The Government uniformly manages state affairs concerning railway operations;

b) The Ministry of Construction is the lead agency assisting the Government in managing state affairs concerning railway operations;

c) Ministries and ministerial-level agencies within their respective duties and authorities have the responsibility to take the lead and coordinate in managing state affairs concerning railway operations;

d) Provincial People's Committees within their respective duties and authorities have the responsibility to organize the implementation of state management concerning railway operations at the local level.

Chapter II

INVESTMENT AND CONSTRUCTION OF RAILWAYS

Section 1

GENERAL PROVISIONS ON INVESTMENT AND CONSTRUCTION OF RAILWAYS

Article 19. Railway Planning

1. Railway Network Planning:

a) Railway network planning is a national industry planning, serving as a basis for guiding investment, development, and operation of the national railway network;

b) The Minister of Construction organizes the preparation, review, and approval of railway network planning.

2. Railway Route Planning and Railway Station Planning:

a) Railway route planning and railway station planning are technical and specialized planning that detail the overall national planning, railway network planning, and are prepared for national railway routes, railway stations in cities, major railway stations, international transit stations, and border stations, ensuring consistency with national-level planning, regional planning, and provincial planning;

b) The Minister of Construction organizes the preparation, review, and approval of railway route planning and railway station planning;

c) Public disclosure of railway route planning and railway station planning shall be carried out in accordance with the law on planning and the law on railways;

d) The Government shall provide detailed regulations on the preparation, review, approval, public disclosure, implementation, evaluation, and adjustment of railway route planning and railway station planning.

3. Local railway development schemes and dedicated railway schemes are part of regional planning, provincial planning, urban planning, and rural planning.

Article 20. Investment in Railway Construction Projects

1. National railway projects shall be invested in and constructed by the Ministry of Construction and enterprises.

2. Local railway projects shall be invested in and constructed by provincial People's Committees and enterprises.

3. Dedicated railway projects shall be invested in and constructed by organizations and enterprises.

4. The agencies, organizations, and enterprises specified in Clauses 1, 2, and 3 of this Article shall be permitted to invest in and construct, renovate, and upgrade technical infrastructure projects connecting with railway projects after reaching consensus with the organizations and individuals managing the technical infrastructure projects.

5. For investment in national railway projects shared with local railways or railways shared with roads, the management agencies shall jointly propose to the competent authority to decide on the investment policy to entrust one agency as the investor.

Article 21. Investment in Technical Infrastructure Projects Shared with Railways

1. Technical infrastructure projects shared with railways are projects constructed for the installation of communication cables, telecommunication facilities, power transmission lines, lighting public utilities; water supply pipelines, drainage pipelines, energy supply pipelines.

2. The construction of technical infrastructure projects shared with railways must meet the following requirements:

a) Consistency with the planning, scale of the project, and technical level of the railway;

b) Technical standards and regulations in construction; fire prevention, firefighting, rescue, and safety regulations; ensuring the safety of the project; ensuring landscape and environment;

c) Compliance with this Law, construction laws, and other relevant laws.

3. Organizations and individuals constructing technical infrastructure projects shared with railways must obtain a permit from the competent authority in accordance with Clause 5 of Article 44 of this Law.

4. Organizations entrusted with the management and use of railway infrastructure assets may operate and lease shared technical infrastructure according to the law.

Section 2

INVESTMENT IN NATIONAL KEY RAILWAY PROJECTS AND RAILWAY PROJECTS DECIDED BY THE NATIONAL ASSEMBLY ON INVESTMENT POLICY

Article 22. Adjustment of Planning

In cases where railway projects, resettlement projects serving land clearance for railway projects according to the railway network plan, provincial plans, but there are changes compared to related plans, the project can be approved without going through the planning adjustment procedures; related plans must be promptly updated and published in accordance with regulations.

Article 23. Division of Railway Projects

1. The competent authority deciding on railway project investment may divide the project into component projects, independent component projects, sub-projects including compensation, support, and resettlement projects during the preparation of the investment and construction project; component projects are managed like independent projects.

2. The division of component projects does not need to meet the requirement of independent operation as stipulated by construction laws.

Article 24. Investment in Railway Projects with Non-State Capital

1. Railway projects invested in accordance with investment laws and public-private partnership investment methods shall have the State guarantee all compensation, support, and resettlement costs from the state budget for land allocated for railways; compensation, support, and resettlement are separated into independent public investment projects.

2. For railway projects implemented under the public-private partnership method, the compensation, support, and resettlement costs are not included in the proportion of state capital participating in the project.

3. For railway projects implemented in accordance with investment laws:

a) In cases where only one investor proposes, the competent authority shall approve the investment policy while approving the investor in accordance with investment laws;

b) Investors are not allowed to transfer the project, the enterprise implementing the project, capital, or assets formed during and after the investment to foreign organizations or organizations with foreign capital;

c) Investors must transfer all assets formed from the project to the State无偿地，无补偿地在项目运营期结束后；

d) The Ministry of Construction assigns its subordinate specialized agencies to perform the functions of construction specialized agencies as prescribed by the Construction Law for national railways; provincial People's Committees assign their subordinate specialized agencies to perform the functions of construction specialized agencies as prescribed by the Construction Law for local railways;

đ) The Minister of Construction approves the list of standards applicable to the project before the investment decision-maker approves the project for national railways; the Chairman of the provincial People's Committee approves the list of standards applicable to the project before the investment decision-maker approves the project for local railways;

e) Provincial People's Committees may decide to designate investors for national railway projects selected by the competent authority in accordance with the law to implement urban development projects under the TOD model within the scope of the project.

4. For railway projects implemented in accordance with public-private partnership investment laws, after the investment project is approved:

a) The authority approving the project may choose to apply one of the limited tendering, direct award, or other appropriate methods as prescribed by law to select investors;

b) Designated investors must have sufficient capacity and prove their ability to arrange equity capital, raise loans, and other legitimate sources of funds; prove having sufficient experience or have agreements to cooperate with experienced partners in similar projects;

c) Before deciding on the selection method, the competent authority must obtain written agreement from the Ministry of Defense and the Ministry of Public Security regarding national defense, national security, and state secrets protection requirements.

Article 25. Urban Development under the TOD Model for Railways

1. The provincial People's Committee shall organize the preparation, examination, and approval of the TOD area planning for national railways, local railways, route schemes, positions of works, and overall land use plans for local railways, and has the authority to:

a) Decide on adjustments to economic and technical indicators, functions of land use, and land use planning standards within the TOD area that differ from technical regulations on urban planning but must ensure they do not exceed the capacity of the technical infrastructure and social infrastructure systems within the TOD area and its surrounding regions;

b) Determine the scope of the TOD area and other contents, procedures, and processes different from those stipulated in urban and rural planning, land use planning, and approved land use plans without having to go through the procedures for adjusting the land use plan and related planning. After approving the TOD area planning, the land use plan, and other related planning must be promptly updated and published;

c) In cases where the general planning of centrally-administered cities has not been approved by the competent authority, the city People's Committee shall base itself on the approved provincial planning to organize the preparation, examination, and approval of route schemes, positions of works, overall land use plans, and TOD area planning;

2. The provincial People's Council may decide to use local budget funds to implement independent public investment projects to carry out compensation, support, and resettlement work according to the TOD area planning to create land for auction in accordance with the provisions of the law;

3. The revenue from exploiting the land fund in the TOD area:

a) For national railways, after deducting the costs of organizing compensation, support, and resettlement work in the TOD area and other related costs as prescribed by law, the provincial local government retains 50% to be deposited into the local budget and 50% to be deposited into the central budget;

b) For local railways, the provincial local government retains 100% to be deposited into the local budget;

4. The provincial People's Council shall provide detailed regulations for Clause 1 of this Article;

Article 26. Procedures and Processes for Investing in Local Railway Projects and Local Railway Projects under the TOD Model

When implementing the procedures and processes for investing in local railway projects and local railway projects under the TOD model, the provincial People's Committee has the authority to:

1. Organize the preparation, examination, decision on investment, and adjustment of projects according to similar procedures and processes as group A projects managed by localities as prescribed by relevant laws;

2. Decide to extend the implementation time of the project in cases where it does not increase the total investment amount and does not require project adjustment procedures;

3. Decide on the standards to be applied to local railway lines after obtaining the agreement of the Ministry of Construction;

Article 27. Overall Technical Design

1. Railway projects shall prepare an overall technical design (Front-End Engineering Design, abbreviated as FEED) to replace the basic design in the feasibility study report; the selection of contractors under EPC, EC, EP contracts shall be based on the approved investment project; the investor may decide on the approval of subsequent design stages after FEED;

2. Allow investors and organizations or agencies tasked with preparing feasibility study reports to consult domestic and foreign contractors and organizations regarding technology, reference prices, and potential risks; consultations must be transparent and should not confer unfair advantages to any supplier.

3. The Government shall provide detailed regulations on this Article.

Article 28. Architectural Design Competition

The investor decision-maker may decide to hold an architectural design competition or not for railway station buildings, interchange points, bridges, and related project components within a railway project, but must ensure the requirements regarding history, culture, and aesthetics of the construction.

Article 29. Activities Conducted Prior to Investment Decision on Railway Projects

1. Activities conducted prior to making an investment decision on railway projects include:

a) Training human resources for state agencies, investors, project management units, operation and maintenance units, training institutions, and research facilities;

b) Consulting services;

c) Planning related to route schemes, location of works, overall layout of local railway routes, and TOD area planning;

d) Compensation, support, and resettlement;

đ) Communication and other preparatory work for investment projects;

2. For national railway construction projects under public investment, following approval by the competent authority on investment orientation, the project will be included in the mid-term public investment plan and annual public investment budget to fund activities specified in points a, b, d, and đ of Clause 1 of this Article.

3. For local railway projects and local railway projects under the TOD model through public investment, the provincial People's Committee may allocate funds from the local budget in the mid-term public investment plan and annual public investment budget to finance the activities stipulated in Clause 1 of this Article.

Article 30. Simultaneous Implementation of Certain Preparatory Works for Railway Projects

1. The investor or head of the unit assigned to prepare the railway project may simultaneously carry out the establishment, review, and approval of the Feasibility Study Report, detailed design implementation plans after basic design, or FEED design, tender documents, and request documents.

2. The Chairman of the Provincial People's Committee may decide to simultaneously carry out the establishment, review, and approval of the Feasibility Study Report, detailed design implementation plans after basic design for compensation, support, resettlement, and relocation of technical infrastructure serving railway projects.

Article 31. Selection of Contractors

1. The authorized person to make investment decisions on railway projects may choose to apply one of the limited bidding or direct award methods as prescribed by the law on bidding when selecting investors, contractors providing goods, consulting services, non-consulting services, construction contractors, contractors implementing EPC, EC, EP contracts, and turnkey projects; procedures and formalities shall comply with the provisions of the law on bidding, other relevant laws, and international treaties to which the Socialist Republic of Vietnam is a party.

2. The investor may decide to use foreign contractors for consulting activities and preparatory activities for railway projects.

3. The investor is not required to apply competitive bidding rules for contractors preparing Feasibility Study Reports, FEED designs, and technical designs when directly awarding these contracts for construction packages, EPC, EC, EP, and turnkey projects, but must still comply with other provisions of the law on bidding.

Article 32. Establishing Total Investment Ceiling, Construction Budget Estimate, Tender Package Budget Estimate, Operating and Maintenance Costs for Projects

1. For items of work that exist but are not suitable or are not included in the system of construction norms, prices, investment capital rates, cost levels issued by competent authorities, railway projects may use the construction norms, prices, and investment capital rates of similar items of work or similar railway projects published by domestic and foreign organizations, and convert them to the calculation period.

2. In cases where costs cannot be determined according to Clause 1 of this Article, it is permissible to determine costs based on the investment capital rate of similar projects worldwide and convert them to the calculation period.

3. Where the system of operating and maintenance norms and unit prices issued by competent authorities does not exist or is not suitable for railway projects, such projects may use the operating and maintenance norms and unit prices published by domestic and foreign organizations or of similar railway projects, and convert them to the calculation period.

4. Trial operation costs, training costs, technology transfer acceptance costs shall be included in the total investment ceiling for railway construction projects.

5. In cases where certain cost items are not specified in Vietnamese laws or are not suitable, when establishing the total investment ceiling, construction budget estimate, tender package budget estimate, operating and maintenance costs for projects, cost items of similar railway projects with similar nature and implementation conditions worldwide may be applied.

Article 33. Construction Contracts

The project investor has the right to decide and take responsibility for selecting and applying some provisions of the model contract conditions of the International Federation of Consulting Engineers (Fédération Internationale Des Ingénieurs - Conseils, abbreviated as FIDIC) when preparing tender documents, request for proposal documents, establishing and implementing construction contracts, including:

1. Applying the consultant supervisor's directive rights according to the FIDIC contract principles;

2. Applying the complaint handling and dispute resolution mechanisms according to the FIDIC contract principles;

3. Entrusting the Chief Supervisor to decide on certain contents within the responsibilities of the project investor according to specific contract conditions to accelerate project implementation progress, ensure quality, and effective use of funds for certain technical requirements and new technology works.

Article 34. Compensation, Support, and Resettlement When the State Recovers Land

1. For railway projects that have been approved by competent authorities for investment intent, the provincial People's Committee through which the project passes shall establish, review, and decide on investment for component projects, independent resettlement compensation and support projects based on preliminary design documents in the Preliminary Feasibility Study Report; these compensation, support, and resettlement projects do not require investment intent approval; temporary accommodation shall be arranged for people whose land is recovered to ensure their stable living conditions.

2. Competent authorities may decide on direct award for consulting, non-consulting, and construction installation tenders implementing compensation, support, and resettlement. The procedures for direct award tenders shall be carried out in accordance with the law on bidding.

3. For local railway projects, local railway projects under the TOD model:

a) The provincial People's Committee decides to separate the compensation, support, and resettlement content into component projects, independent component projects based on the route plan, location of the project, overall layout of the local railway route or the TOD area planning already approved by competent authorities;

b) Compensation, support, and resettlement projects do not require investment intent approval. The establishment, review, and decision on investment for compensation, support, and resettlement projects shall be carried out in accordance with the law on public investment.

Article 35. Ensuring Prevention and Combating Corruption, Waste, and Negligence

1. In the selection of investors and contractors for EPC, EC, EP tender packages, and consultancy tenders using foreign contractors, the Ministry of National Defense, the Ministry of Public Security, the Ministry of Construction, the Ministry of Finance, the Ministry of Science and Technology, the Government Inspectorate, and the State Audit Agency shall be responsible for sending representatives to participate in the bid evaluation committee for tender documents, request documents, and contractor selection results; members of the bid evaluation committee from these agencies are not required to apply conditions, capabilities, and experience as stipulated by laws on bidding.

2. The State Audit Agency shall be responsible for auditing the completed total investment cost report according to the investment decision-making level's review report to serve as the basis for project approval and shall send the audit results to the investment decision-making level within thirty days from receiving all requested audit documents.

Section 3

DEVELOPMENT OF RAILWAY INDUSTRY INVESTMENT

Article 36. Railway Industry

1. The railway industry includes:

a) Production, assembly, repair, and modification of railway transportation equipment;

b) Production and manufacturing of components and equipment for railway communication and signaling systems, and railway traction power supply systems;

c) Manufacturing of machinery; production of rails, sleepers, connecting accessories, spare parts, materials, and equipment with special technical requirements specifically for railways.

2. Railway industry products and goods include: railway transportation equipment, communication and signaling systems, railway traction power supply systems, rails, sleepers, connecting accessories and spare parts, materials, and equipment with special technical requirements listed in the high-tech priority development catalog as decided by the Prime Minister.

Article 37. Requirements for Developing the Railway Industry

1. Consistent with the railway network planning, technical and specialized railway planning, and Vietnam's industrial development strategy at each period.

2. Synchronized with the development of railway infrastructure, railway transport services, and ensuring safety and environmental protection as prescribed by law.

3. For international tender packages under railway projects, the general contractor and subcontractor must commit to technology transfer and training of human resources for Vietnamese partners to manage, operate, and maintain operations.

4. Investment in importing production and assembly lines for machinery, equipment, and railway transportation equipment must ensure synchronization, advancement, and modernity; partial or full technology transfer must be implemented according to laws on technology transfer.

Article 38. Investment in Developing the Railway Industry

1. The State supports investment in constructing and maintaining railway infrastructure connecting national and local railways to production, assembly, repair, and modification facilities for railway transportation equipment.

2. The Prime Minister decides to issue a list of railway industry services and goods assigned tasks or ordered by organizations and enterprises in Vietnam.

3. The Government stipulates the assignment of tasks, ordering, and criteria for selecting Vietnamese organizations and enterprises to provide railway industry services and goods; researching, applying, and receiving technology transfers.

4. Project sponsors and contractors must prioritize the use of railway industry services and goods as prescribed in Clause 2 of this Article; prioritize the use of products, goods, and services that can be produced and supplied domestically.

5. Regarding investment in building integrated railway industry projects:

a) An integrated railway industry system is a cooperative network of related industrial bases aimed at researching, developing, designing, testing, producing, assembling, maintaining, operating, and supplying specialized industrial products for railway activities;

b) Integrated railway industry construction projects shall comply with the provisions of Article 22, Clause 1 of Article 31, and Article 32 of this Law.

Article 39. Research, application of science and technology, technology transfer, and human resource training for railway industry development

1. Research, application of science and technology, and technology transfer must ensure advancement and modernity, actively apply digital technology, artificial intelligence, be consistent with railway network planning, railway laws, laws on science and technology and innovation, laws on technology transfer, and other relevant legal provisions.

2. Enterprises participating in investment, research, application of science and technology, technology transfer, and railway industry development may allocate up to 20% of their corporate income tax revenue to establish a corporate science and technology development fund. The use of this fund shall comply with legal provisions on science and technology and innovation, corporate income tax laws, and other relevant legal provisions.

3. Organizations and individuals participating in scientific and technological activities serving railway industry development shall be entitled to the following policies:

a) Organizations and individuals primarily responsible for scientific and technological activities serving projects shall be authorized to conduct limited bidding, designated bidding, ordering, and assigning tasks to select service providers and goods suppliers.

b) Corporate income tax and personal income tax exemptions from implementing scientific and technological tasks serving projects.

c) Enterprises shall enjoy incentives similar to high-tech enterprises as stipulated by high-tech enterprise laws during the period of implementing scientific and technological tasks.

d) Receive support from the state budget to purchase, operate machinery and equipment serving the implementation of tasks according to legal provisions on science and technology.

4. Organizations and individuals participating in training to develop human resources for the railway industry shall benefit from policies as prescribed by high-tech enterprise laws.

Chapter III

MANAGEMENT AND OPERATION OF RAILWAYS

Section 1

RAILWAY INFRASTRUCTURE

Article 40. Railway Infrastructure Assets

1. Railway infrastructure assets include national railway infrastructure assets, local railway infrastructure assets, and specialized railway infrastructure assets.

2. Responsibilities for managing railway infrastructure assets invested by the State:

a) The Ministry of Construction shall perform the function of the asset owner's representative, uniformly manage national railway infrastructure assets according to legal provisions on management and use of public assets.

b) Provincial People's Committees shall perform the function of the asset owner's representative, uniformly manage local railway infrastructure assets invested by the State according to legal provisions on management and use of public assets.

3. Responsibilities for managing railway infrastructure assets invested by enterprises: Enterprises shall manage, use, operate, maintain, and protect railway infrastructure assets according to legal provisions.

4. Organizations entrusted with managing, leasing, or transferring for a term railway infrastructure assets invested by the State shall be responsible for managing, using, operating, maintaining, and protecting railway infrastructure assets according to legal provisions.

Article 41. Management and Maintenance of Railway Infrastructure

1. Railway infrastructure put into operation must be managed and maintained.

2. Responsibilities for organizing the management and maintenance of railway infrastructure:

a) Authorities performing the function of the asset owner's representative as stipulated in Clause 2 of Article 40 of this Law shall be responsible for organizing the management and maintenance of national railway infrastructure and local railway infrastructure invested by the State.

b) Organizations entrusted with managing, leasing, and transferring for a term the right to operate railway infrastructure assets invested by the State shall organize the management and maintenance of railway infrastructure according to legal provisions.

c) Enterprises managing and maintaining railway infrastructure they have invested in shall do so according to legal provisions.

3. Authority to prescribe management and maintenance of railway infrastructure:

a) The Minister of Construction shall prescribe the management and maintenance of national railway infrastructure.

b) Provincial People's Committees shall prescribe the management and maintenance of local railway infrastructure within their jurisdiction.

Article 42. Management and maintenance of railway works shared with roadways and technical infrastructure works connected to railway works that are shared with railway works

1. For national railway works shared with local railway works and railway works shared with roadways, separate project components must be assigned to organizations responsible for management, operation, exploitation, and maintenance to ensure safe and effective exploitation of the works.

2. Technical infrastructure works connected to railway works must be managed uniformly by asset management organizations regarding the scope, responsibility for management, maintenance, and exploitation.

3. Organizations and individuals managing and maintaining technical infrastructure works shared with railways, which they have invested in according to the law, shall be responsible for such activities.

4. The Government shall provide detailed regulations on this matter.

Article 43. Funding for management, maintenance, and protection of railway infrastructure assets

1. Funding for management, maintenance, and protection of railway infrastructure assets, technical infrastructure works connected to railway works, establishment of land management files, setting up boundary markers, and restoration of railway land boundary markers funded by the State shall be guaranteed from the state budget and other lawful sources.

2. The agency implementing the function of the representative owner of assets as stipulated in point a, Clause 2, Article 40 of this Law shall organize the management of funding allocated for the management, maintenance, and protection of national railway infrastructure assets invested in by the State, technical infrastructure works connected to national railway works, and shared components of national railway works used with roadways under their management.

3. Provincial People's Committees shall allocate and manage the funding allocated for the management, maintenance, and protection of local railway infrastructure assets they have invested in or those they are entrusted to manage, technical infrastructure works connected to local railway works they have invested in, and shared components of local railway works used with roadways.

4. Enterprises shall be responsible for ensuring funding for the management, maintenance, and protection of railway infrastructure assets they have invested in, technical infrastructure works connected to railway works, and shared components of railway works used with roadways when they are entrusted with management.

Article 44. Protection of Railway Infrastructure

1. Protection of railway infrastructure includes activities aimed at ensuring safety for railway works; preventing, stopping, and handling acts of infringement and destruction of railway works; encroachment on the protected area of railway works, and traffic safety corridors.

2. Railway lines with a design speed exceeding 120 km/h and urban railways must construct protective barriers to prevent unauthorized entry, except where railways are already isolated and run above ground or in tunnels.

3. Construction within the protected area of railway works and traffic safety corridors:

a) Permitted constructions within the protected area of railway works and traffic safety corridors include essential works serving national defense, security, disaster prevention, economic and social development that cannot be located outside the railway land area; works for propaganda purposes as required by state agencies.

When authorized by competent authorities, the investor of the construction work must arrange funding and dismantle or relocate the construction work within the protected area of railway works and traffic safety corridors without compensation for the constructed work.

b) It is permitted to construct access roads within the protected area of railway works and traffic safety corridors of existing national railways and dedicated railways if they cannot be located outside the railway land area, while also constructing barriers separating the railway from the access road.

c) Construction within the protected area of railway works and traffic safety corridors must not affect the safety of railway works and railway traffic safety.

4. Construction, resource exploitation, and other activities in areas adjacent to railway land:

a) Construction, resource exploitation, and other activities in areas adjacent to railway land must not affect the safety of railway works and railway traffic safety.

b) In cases where construction, resource exploitation, and other activities in areas adjacent to railway land may affect the safety of railway works or railway traffic safety, the investor of the construction, the organization or individual exploiting resources, and conducting other activities must take measures to ensure the safety of railway works and railway traffic safety.

c) The investor of the construction, the organization or individual exploiting resources, and conducting other activities must compensate for damages caused by their fault to railway works and railway traffic safety according to the law.

5. If land reserved for railway works is needed to construct essential works serving national defense, security, economic and social development, and technical infrastructure works shared with railways, measures must be taken to ensure the safety of railway works and railway traffic safety, and a construction permit for essential works within the railway land area must be obtained according to regulations of the Minister of Construction.

6. The Government shall provide detailed regulations for Clauses 1, 2, 3, and 4 of this Article.

Article 45. Prevention, Response to, and Mitigation of Consequences of Natural Disasters and Accidents for Railway Infrastructure

1. Investment projects for railway construction works must be designed and constructed to be resilient, adaptable to climate change, comply with technical standards and regulations, and meet requirements for natural disaster prevention and response as stipulated by law.

2. Responsibilities for the prevention, response to, and mitigation of consequences of natural disasters and accidents for operational railway lines:

a) The Ministry of Construction, provincial People's Committees, and asset owners shall organize the implementation of natural disaster prevention, response, and accident mitigation activities for railways within their management jurisdiction as prescribed by this Law, laws on natural disaster prevention and response, and other relevant laws.

b) Organizations entrusted with managing, leasing, or transferring temporarily the right to exploit railway infrastructure assets invested by the State shall implement natural disaster prevention, response, and accident mitigation activities in accordance with the law; promptly repair and mitigate damage to railway works that do not ensure safety for people and transportation means on railway sections and lines; organize inspections of weak positions and structures at risk of losing safety on railway works and adjacent structures.

c) Organizations and individuals participating in the prevention, response to, and mitigation of consequences of natural disasters and accidents for railway infrastructure shall act according to the division of labor, coordination among forces, and in accordance with the levels of natural disaster risks as prescribed by laws on natural disaster prevention and response.

3. The Minister of Construction shall provide detailed regulations for this Article.

Article 46. Business Operations of Railway Infrastructure

1. Business operations of railway infrastructure are conditional business sectors and trades.

2. The service fee for railway traffic control is the amount payable for using the service of railway traffic control to run trains in stations, on lines, or sections of railway.

3. Additional charges outside the service fee for railway traffic control are additional amounts payable to the service provider for railway traffic control services.

4. Railway transport enterprises pay usage fees for national railway infrastructure assets invested by the State when using such assets for railway transport business operations in accordance with laws on fees and charges.

5. Organizations and individuals entrusted, leased, or transferred temporarily the right to exploit railway infrastructure assets pay a certain amount as the usage fee for national railway infrastructure assets invested by the State when using such assets in accordance with laws on pricing.

6. Pricing authority is defined as follows:

a) The Ministry of Construction sets the maximum price for railway traffic control services on national railway infrastructure assets invested by the State in accordance with laws on pricing.

b) Provincial People's Committees set the maximum price for railway traffic control services on local railway infrastructure assets they have invested in or been entrusted to manage in accordance with laws on pricing.

c) Organizations and individuals determine the price for railway traffic control services on railway infrastructure assets they have invested in.

7. The Minister of Construction shall prescribe prices and additional charges outside the service fee for railway traffic control.

8. The Government shall prescribe conditions for railway infrastructure business operations; rights and obligations of railway infrastructure business enterprises.

Section 2

RAILWAY TRANSPORT

Article 47. Railway Transport Vehicles

1. Railway transport vehicles participating in traffic must meet technical standards and specifications, be within their service life, and be registered and inspected.

2. The owners of railway transport vehicles and railway passenger and freight transport enterprises shall be responsible for ensuring the safety of the vehicles during operation and use.

3. Authority to issue certificates of registration for railway transport vehicles:

a) The Minister of Construction shall issue certificates of registration for railway transport vehicles on national railways;

b) The Chairman of the Provincial People's Committee shall issue certificates of registration for railway transport vehicles on local railways and dedicated railways.

4. The Minister of Construction shall provide detailed regulations on this matter.

Article 48. Railway Personnel

1. Railway personnel are those who control railway transport vehicles and directly participate in train operations.

2. Those controlling railway transport vehicles must have a train driving license as prescribed by the Minister of Construction and be in good health according to the regulations of the Minister of Health.

3. The Minister of Construction shall issue train driving licenses for national railways.

4. The Chairman of the Provincial People's Committee shall issue train driving licenses for local railways and dedicated railways.

5. The Minister of Construction shall provide detailed regulations for Clause 1 of this Article.

Article 49. Railway Passenger and Freight Transport Business

1. Railway passenger and freight transport business is a conditional business sector, including passenger, luggage, and cargo transport on railways.

2. Domestic passenger transport prices on national railways shall be determined by railway passenger and freight transport enterprises based on the maximum price set by the State. Domestic passenger transport prices on local railways shall be specifically priced by the Provincial People's Committee.

3. Additional charges outside domestic passenger, luggage, and cargo transport prices on national railways are additional amounts payable to railway passenger and freight transport enterprises; these additional charges shall be decided and the enterprise shall bear responsibility for them.

4. Railway passenger transport enterprises must purchase insurance for passengers.

5. The Minister of Construction shall stipulate rules for passenger, luggage, and cargo transport on national railways and dedicated railways connected to national railways.

6. The Provincial People's Committee shall stipulate rules for railway transport on local railways invested in or managed by itself.

7. The Government shall stipulate conditions for railway transport business; rights and obligations of railway transport enterprises, passengers, and transport lessees; and exemptions and reductions in passenger transport prices for social policy beneficiaries.

Article 50. Transport for Special Tasks, Social Welfare, and Hazardous Cargo Transport

1. Transport for special tasks is the transport of people, goods, and equipment to prevent, combat, and mitigate the consequences of natural disasters, accidents, epidemics, and urgent defense and security tasks.

2. Transport for social welfare is passenger transport on routes, sections, or areas of railway lines aimed at serving communities in regions where the State needs to maintain for the common interest, and such transport cannot cover its costs.

3. Hazardous cargo transport is the transport of goods containing dangerous substances or items that may cause harm to human lives and health, the environment, and national security and safety when transported by rail.

4. Railway transport enterprises and railway infrastructure enterprises shall be responsible for implementing transport for special tasks and social welfare according to the requirements of competent state agencies and shall be supported in accordance with regulations.

5. The State shall support railway transport enterprises in cases of transport for special tasks and social welfare under the principle of ensuring reasonable costs for the enterprise.

6. The Government shall provide detailed regulations for this Article.

Section 3

ENSURING ORDER AND SAFETY IN RAILWAY TRAFFIC

Article 51. Activities to ensure railway traffic order and safety

1. Activities to ensure railway traffic order and safety include:

a) Ensuring safety for persons, means of transport, and property of organizations and individuals when participating in railway transportation;

b) Ensuring centralized and unified management of railway transportation activities;

c) Preventing, stopping, and combating acts of destroying railway works and violations within the railway traffic safety zone and the protected area of railway works;

d) Measures to prevent railway traffic accidents.

2. Violations of railway traffic order and safety must be detected and stopped promptly, and dealt with according to the law.

3. Subjects responsible for ensuring railway traffic order and safety:

a) Organizations and individuals participating in railway transportation activities;

b) Police forces and local authorities at all levels where railways pass through;

c) Ministries, agencies equivalent to ministries, and related organizations.

Article 52. Railway Safety Management

1. The train schedule is the basis for organizing train operations, established annually to meet the travel needs of people, cargo transportation requirements, and adjusted as necessary for each route and the entire railway network. The implementation of the train schedule must comply with the following principles:

a) Centralized and unified management, adhering to the published train schedule;

b) Safety and smooth operation according to the train schedule;

c) Equality among railway transportation businesses.

2. The establishment, allocation, and publication of the train schedule must be subject to inspection and supervision by specialized state management agencies for railways.

3. Railway transportation management involves managing, coordinating, and supervising activities related to passenger and cargo transportation to ensure safe, efficient, smooth, and equal railway transportation between railway transportation businesses.

4. Load limit regulations specify the maximum permissible load on one axle and the maximum permissible distributed load along the length of railway transportation vehicles.

5. Speed limit regulations specify the maximum permissible speed for railway transportation vehicles moving on railways.

6. Railway system safety management:

a) High-speed railways, Class I railways, and newly constructed or upgraded urban railways before being put into operation must undergo system safety assessment and certification. The project investor must select an independent consulting unit separate from the project consulting units, construction contractors, and equipment suppliers to organize the system safety assessment and certification;

b) High-speed railways classified as important facilities related to national security must have strict system management and maintenance procedures established by the management and operating agencies, submitted to the Ministry of Construction for decision;

c) Organizations and enterprises managing, operating, and exploiting railways must establish, publicly announce, and maintain a system for operational safety management.

7. The Minister of Construction shall provide detailed regulations for this Article.

Article 53. Responsibilities of Organizations and Individuals in Case of Railway Traffic Accidents

1. When a railway traffic accident occurs, relevant organizations and individuals must perform the following tasks:

a) Railway staff on board the train must immediately stop the train, organize rescue efforts for victims, protect the assets of the State and the victims, and report the incident to the railway transportation traffic control organization or the nearest railway station;

b) The railway transportation traffic control organization or railway station upon receiving the report must immediately inform the police and the nearest People's Committee to handle and resolve the railway traffic accident;

c) The police and the nearest People's Committee upon receiving the report about the railway traffic accident must immediately go to the scene to resolve it.

2. In case of a railway traffic accident where the railway transportation vehicle or railway work is not damaged, the train may continue running after a report on the accident has been made and another railway staff member is assigned to stay behind to work with the competent state authority.

3. Drivers of other transportation vehicles passing through the site of a railway traffic accident have the responsibility to transport injured persons to emergency care, except in cases of urgent duty.

4. Local People's Committees at all levels where railway traffic accidents occur have the responsibility to coordinate with the police and railway business enterprises to assist victims, protect the assets of organizations and individuals. In cases where there are deceased persons whose whereabouts are unknown, without relatives, or whose relatives are unable to bury them, the People's Committee of the commune where the accident occurred has the responsibility to organize burial.

5. No organization or individual may obstruct the restoration of railways and railway transportation activities after a railway traffic accident.

6. The Minister of Construction shall provide detailed regulations for this Article.

Article 54. Handling of Incidents and Violations on Railways

1. Any person who discovers acts or incidents that may obstruct or endanger railway transportation safety shall promptly report to the nearest railway station, railway unit, local authority, or police agency for appropriate measures to be taken; in urgent cases, immediate measures must be taken to signal the train to stop.

2. Organizations and individuals receiving such reports or signals to stop trains shall immediately take measures to ensure railway transportation safety and inform the direct management unit of railway infrastructure so that they can proactively coordinate with relevant units to quickly implement remedial measures.

3. Organizations and individuals causing incidents that obstruct or endanger railway transportation safety shall be subject to handling; if damage is caused, compensation must be provided according to the provisions of the law.

Article 55. Responsibilities for Maintaining Order and Safety in Railway Operations

1. Railway business enterprises shall be responsible for organizing the maintenance of order and safety in railway operations; they shall lead and cooperate with agencies and organizations to carry out activities ensuring railway traffic order and safety as stipulated in Clause 1 of Article 51 of this Law.

2. Police forces shall be responsible for:

a) Inspecting and controlling persons, goods, and means of transport participating in railway traffic in accordance with the law;

b) Investigating and resolving railway traffic accidents and handling violations of laws related to railway traffic;

c) Leading and coordinating with relevant agencies, organizations, and individuals to organize the maintenance of security, order, and safety in railway operations;

d) The Ministry of Public Security shall organize training in the field of maintaining order and safety in railway operations for railway business enterprises;

đ) The Minister of Public Security shall prescribe procedures, contents of inspection, control, violation handling, and accident investigation and verification in railway traffic.

3. People's Committees at all levels where railways pass through shall be responsible for:

a) When allocating or leasing land outside the railway safety corridor, they must arrange land for building bypass roads, overpasses, underpasses, and fences to ensure railway traffic safety;

b) Implementing measures to protect and prevent encroachment on the railway safety corridor and ensuring railway traffic order and safety;

c) Managing and enhancing safety conditions at open access points; reducing and eliminating existing open access points according to the schedule prescribed by the Government; being responsible for the emergence of new open access points;

d) Ensuring funds to implement traffic safety work within their jurisdictional scope;

đ) Participating in resolving railway traffic accidents in accordance with Article 53 of this Law;

e) Local leaders responsible for railway operations must bear responsibility when railway traffic accidents occur in their managed areas in accordance with the law.

Chapter IV

IMPLEMENTING PROVISIONS

Article 56. Amending, Supplementing, and Abolishing Certain Articles and Appendices of Relevant Laws

a) Adding point d after point c of Clause 1 of Article 78 as follows:

"d) For railway projects established with a comprehensive engineering design (FEED) to replace the basic design in the feasibility study report; the selection of construction contractors, contractors implementing EPC, EC, EP, and turnkey contracts shall be based on the approved investment project; the investor shall decide on the approval of subsequent design stages after the FEED design;"

b) Amending and supplementing point b of Clause 2 of Article 78 as follows:

"b) Two-stage design includes the basic design and construction drawing design; FEED design and construction drawing design for cases stipulated in point d of Clause 1 of this article;"

c) Amending and supplementing point h of Clause 2 of Article 89 as follows:

"h) Construction works belonging to investment construction projects that have been reviewed and approved by specialized construction authorities for feasibility studies in areas with detailed planning at a scale of 1/500 or urban design already approved by competent authorities;"

d) Amending and supplementing Clause 1 of Article 159 as follows:

"1. Organizations participating in construction activities shall voluntarily disclose information about their construction activity capabilities."

đ) Amending and supplementing Clause 3 of Article 159 as follows:

"3. The Department of Construction shall be responsible for inspecting and handling violations in compliance with regulations on the conditions of capability of investors, organizations, and individuals participating in construction activities within its jurisdiction."

e) Adding Clause 3a after Clause 3 of Article 166 as follows:

"3a. Construction works that have obtained construction permits before July 1, 2025 but fall within the category exempted from construction permits under this Law shall not need to adjust their construction permits."

g) Abolishing Clause 4 of Article 148 and Clause 2 of Article 159.

2. Amending and supplementing Sub-item 3 Item V Part A Appendix No. 01 of the Law on Fees and Charges No. 97/2015/QH13, which has been amended and supplemented by Laws No. 09/2017/QH14, No. 23/2018/QH14, No. 72/2020/QH14, No. 16/2023/QH15, No. 20/2023/QH15, No. 24/2023/QH15, No. 33/2024/QH15, No. 35/2024/QH15, No. 47/2024/QH15, No. 60/2024/QH15, No. 74/2025/QH15, No. 89/2025/QH15, and No. 94/2025/QH15 as follows:

3. Amending and supplementing certain items in Appendix No. 02 of the Price Law No. 16/2023/QH15, which has been amended and supplemented by Laws No. 44/2024/QH15 and No. 61/2024/QH15 as follows:

a) Amending and supplementing Item 3 and adding Item 3a after Item 3 as follows:

b) Amend and supplement Item 17 and add Item 17a after Item 17 as follows:

c) Amend and supplement Item 36 as follows:

4. Amend and supplement some clauses of Article 209 of the Land Law No. 31/2024/QH15 which has been amended and supplemented by Laws No. 43/2024/QH15, No. 47/2024/QH15, No. 58/2024/QH15, No. 71/2025/QH15, and No. 84/2025/QH15 as follows:

a) Amend and supplement point a, Clause 1 as follows:

"a) Land for constructing national railway infrastructure, local railway infrastructure; land for building offices of state agencies for regular operations at railway stations;"

b) Supplement clause 5 after clause 4 as follows:

"5. The Government shall stipulate the management and use of land allocated for railways."

5. Amend and supplement Clause 2 of Article 34 of the Planning Law No. 21/2017/QH14 which has been amended and supplemented by Laws No. 15/2023/QH15, No. 16/2023/QH15, No. 28/2023/QH15, No. 31/2024/QH15, No. 35/2024/QH15, No. 38/2024/QH15, No. 43/2024/QH15, No. 57/2024/QH15, and No. 94/2025/QH15 as follows:

"2. The Prime Minister shall approve the national industry planning, regional planning, except for the railway network planning approved by the Minister of Construction."

Article 57. Application Provisions

1. In case there are different provisions on the same issue between this Law and other laws or resolutions of the National Assembly, the provisions of this Law shall apply, except where the laws or resolutions of the National Assembly promulgated after the effective date of this Law provide more favorable provisions, which shall be applied according to those laws or resolutions.

2. The development of urban railway networks in Hanoi City shall be implemented according to the provisions of this Law without having to comply with the provisions of Clause 2 and Clause 3 of Article 31, Point a of Clause 2 and Clause 3 of Article 37 of the Capital Law.

3. Every three years, the Government shall report on the implementation results of investment mechanisms and policies for railway projects specified in Section 2 of Chapter II of this Law. The National Assembly and the Standing Committee of the National Assembly shall supervise according to regulations. The People's Councils at the provincial level shall supervise the investment in local railway projects, local railway projects under the TOD model, and urban development projects under the TOD model.

Article 58. Effective Date

1. This Law takes effect from January 1, 2026, except for the cases provided for in Clause 2 of this Article.

2. Clause 1 of Article 56, Point b of Clause 3 of Article 56, and Section 2, Section 3 of Chapter II of this Law shall take effect from July 1, 2025.

3. The Railway Law No. 06/2017/QH14 which has been amended and supplemented by Laws No. 35/2018/QH14, No. 16/2023/QH15, No. 31/2024/QH15, No. 43/2024/QH15, and No. 47/2024/QH15 shall cease to be effective from the date this Law takes effect, except as provided in Article 59 of this Law.

Article 59. Transitional Provisions

1. For railway projects that have been decided on investment orientation before this Law takes effect, the investor decision-maker shall decide on applying the provisions according to the approved investment orientation decision or the provisions of this Law for subsequent steps.

2. For urban railway lines that commenced construction before this Law takes effect and where the project owner has submitted system safety assessment documentation for review, the competent authority shall continue to conduct the assessment and issue a certificate of system safety documentation assessment for urban railways.

3. In cases where the People's Committee of the province where local railways or dedicated railways are located does not yet meet the conditions to perform tasks as stipulated in point b, Clause 3, Article 47 and Clause 4, Article 48 of this Law, the Minister of Construction shall continue to exercise the authority to issue certificates of registration for railway transportation means as stipulated in point b, Clause 3, Article 47 and the authority to issue driver's licenses for local railways and dedicated railways as stipulated in Clause 4, Article 48 of this Law. Within twenty-four months from the date this Law takes effect, the People's Committee of the province shall be responsible for organizing and staffing to issue certificates of registration for railway transportation means and driver's licenses for local railways and dedicated railways in accordance with this Law.

 

________________________________________________________________________________________________________

This Law was passed by the National Assembly of the Socialist Republic of Vietnam, the fifteenth session, ninth meeting, on June 27, 2025.