Decree of Government No. 109/2006/ND-CP of September 22, 2006 detailing and guiding the implementation of a number of articles of The Railway Law

THE GOVERNMENT
——-

SOCIALIST REPUBLIC OF VIET NAM
Independence – Freedom – Happiness
———-

No: 109/2006/ND-CP

Hanoi, September 22, 2006

DECREE

DETAILING AND GUIDING THE IMPLEMENTATION OF A NUMBER OF ARTICLES OF THE RAILWAY LAW

THE GOVERNMENT

Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the June 14, 2005 Railway Law;
At the proposal of the Transport Minister,

DECREES:

Chapter I

GENERAL PROVISIONS

Article 1.- Governing scope

This Decree details and guides the implementation of a number of articles of the Railway Law regarding railway infrastructure; urban railways, railway business; management and use of financial sources for management and maintenance of railway infrastructures invested by the State; ticket price exemption or reduction for social policy beneficiaries; lists of dangerous goods and the transport thereof on railways; responsibilities of ministries, ministerial-level agencies, government-attached agencies and People’s Committees of provinces or centrally-run cities (hereinafter referred to as provincial-level People’s Committees) in ensuring railway communication and transport order and safety.

Article 2.- Subjects of application

This Decree applies to Vietnamese organizations and individuals, foreign organizations and individuals that conduct railway-related activities in the territory of the Socialist Republic of Vietnam.

Where treaties to which the Socialist Republic of Vietnam is a contracting party contains provisions different from those of this Decree, the provisions of such treaties shall be applied.

Article 3.- Specialized railways not connected with national railways

The application of quality, technical safety and environmental protection standards of railway traffic means, railway infrastructure standards, technical process for railway operation comply with the regulations of the Transport Ministry.

Article 4.- Management and organization of implementation of railway development planning

1. The Ministry of Transport is responsible for managing and organizing the implementation of the matter plan on railway development; approving detailed plannings on railway infrastructure development and railway transportation in each period and each region in accordance with the matter plan on railway development already approved by the Prime Minister.

2. The Ministry of Planning and Investment, the Ministry of Finance and the concerned ministries and branches shall base on their respective functions and tasks to assume the prime responsibility for, or coordinate with the Ministry of Transport in, performing tasks related to the matter plan on railway development already approved by the Prime Minister.

3. People’s Committees of all levels that have plannings on railways running through their localities, shall coordinate in implementation of railway development planning and protection of railways.

4. Railway business enterprises shall, basing on their business lines, invest in development of railway infrastructure, railway traffic means, industrial establishments, railway service and equipment in accordance with the approved railway development plannings.

Chapter II

RAILWAY INFRASTRUCTURES

Article 5.- Land reserved for railways

1. Railway land covers land for construction of railway works, land within the railway work protection scope and land within railway traffic safety corridors.

2. Railway infrastructure business enterprises shall assume the prime responsibility for management and protection of railway land; ensure the right use purposes already approved and comply with the provisions of land law. Commune-level People’s Committees of localities where exist railway works shall protect land within the railway work protection scope and railway traffic safety corridors; detect and handle acts of encroachment upon the railway work protection scope and railway traffic safety corridors.

Allowed to exist in the railway traffic safety corridors are only trees of under 1.5 meters high, which must be at least 2 meters away from the foot of the embanked road beds and at least 5 meters away from the top edge of the dug road talus or at least 3 meters from the outer edge of the horizontal water drainage ditches and top water drainage ditches of the railroads.

3. Railway land shall be marked with boundary markerposts. The planting of railway land boundary markerposts is provided for as follows:

a/ For land planned for railways, the planting of boundary markerposts shall be primarily undertaken by the Ministry of Transport in coordination with the provincial-level People’s Committees of the localities planned for railways to run through.

b/ For land where already exist railway works, railway infrastructure business enterprises shall assume the prime responsibility for, and coordinate with the district-level People’s Committees of the localities where exist the railway works in, elaborating specific plans for planting of boundary markerposts to determine the railway work protection scope or railway traffic safety corridors, submitting them to the provincial-level People’s Committees of the localities where exist the railway works for approval; and at the same time notify the commune-level People’s Committees of the localities where the railway works exist thereof for coordination in protection thereof.

Within three months counting from the date the provincial-level People’s Committees approve the plans on planting of boundary markerposts, railway infrastructure business enterprises shall assume the prime responsibility for, and coordinate with district-level People’s Committees and commune-level People’s Committees of the localities where exist the railway works in, publicizing the planting of railway work protection boundary markerposts or railway traffic safety corridor markerposts and in planting the markerposts on field, and handing over boundary markerposts to commune-level People’s Committees of localities where exist railway works for management and protection.

4. Railway infrastructure business enterprises shall assume the prime responsibility for, and coordinate with the commune-level People’s Committees and district-level natural resources and environment agencies of the localities where exist the railway works in, reviewing the current use of land within the railway work protection scope and the railway traffic safety corridors in order to propose competent state bodies to settle it according to the following regulations:

a/ For works which have existed before the railway work protection scope and/or railway traffic safety corridors are publicized under the provisions of law:

– When the use of land affects the work safety, railway traffic safety or the operation of the railway works directly affects the life and health of land users, the railway state management bodies shall evaluate the affecting extent; if the land must be recovered, propose competent district-level People’s Committees to decide on the recovery of such land. Persons having their land recovered shall be provided with compensations and supports according to the provisions of law.

– When the use of land does not affect the railway work safety or railway traffic safety or the operation of the railway works does not affect the life and health of land users, the current land users may continue using the land for the purposes permitted by competent state bodies but must strictly comply with the regulations on ensuring the railway work safety and railway traffic safety;

b/ For works constructed after the railway work protection scope or railway traffic safety corridors are publicized under the provisions of law, they shall be handled according to the provisions of law and work owners shall not be provided with compensations and/or supports when their land is recovered, except for works permitted for construction under the provisions of Article 33 of the Railway Law.

5. People’s Committees of all levels of localities where exist railway works, within the scope of their tasks and powers, have the following responsibilities:

a/ To detect, prevent and handle in time cases of encroachment upon, illegal occupation and use of, railway land; compel violators to restore the initial state in order to ensure railway communication and transport order and safety according to regulations.

When the encroachment upon, and/or illegal occupation and use of, railway land occur in localities, presidents of People’s Committees of different levels shall bear responsibility therefor under the provisions of law;

b/ To coordinate with railway state management agencies and/or railway infrastructure business enterprises in, disseminating laws on ensuring safety for railway works, railway communication and transport order and safety; publicizing railway land boundary, planting, handover and reception of railway land boundary markerposts.

Article 6.- Preferential policies for organizations and individuals investing in construction of national railways, urban railways

Organizations and individuals investing in the construction of national railways or urban railways are entitled to the following preferential policies:

1. To be assigned land without payment of land use levies, for land used for construction of rail route lines, including land for railroad beds, bridges, culverts, embankments, retaining walls, water drainage systems, communications and signaling system, power supply system, railway tunnel land, the entire land for construction of railway stations, works for locomotive and carriage operations and other support facilities necessary for organization of train operation on rail route lines.

2. To be leased land with the most preferential rents, for land used for construction of goods-storing yards, inland container depots (ICD) and other facilities of railway infrastructures outside railway stations.

3. To be fully provided with state budget funding supports for ground clearance, for the railway land defined in Clause 1 of this Article.

The Ministry of Transport shall assume the prime responsibility for, and coordinate with the Ministry of Planning and Investment, the Ministry of Finance and the provincial-level People’s Committees in, providing funding supports for ground clearance, for the railway land defined in Clause 1 of this Article.

4. To enjoy exemption from or reduction of import duty on railway supplies, technologies and technical equipment which cannot be produced at home yet under the provisions of tax law.

5. Particularly the approved projects on construction of urban railways shall be provided by the State with part of investment funding as support from the central budget.

6. Other preferences under the provisions of law.

Article 7.- Construction of works, exploitation of natural resources and other activities in the vicinities of railway work protection scope

1. The construction of works, the exploitation of natural resources or other activities conducted in the vicinities of railway work protection scope must not affect the safety of railway works and railway communication and transport activities.

2. The minimum safety distance of a number of works in the vicinities of railway work protection scope is provided for as follows:

a/ Houses built of flammable materials must be at least 5 meters away from the railway traffic safety corridor border lines;

b/ Lime kilns, pottery kilns, brick kilns, pig iron and steel blast furnaces, cement kilns, glass furnaces must be located at least 10 meters from the railway traffic safety corridor border lines;

c/ Warehouses storing noxious substances, explosives, inflammables or explosion-prone substances must be built away from the railway traffic safety corridor border lines as provided for by law;

d/ For power transmission lines above railways, apart from ensuring the safety distances under the provisions of law on electricity, measures must be taken to ensure the non-interference in railway communication and signal systems and ensure safety when power transmission lines are broken.

3. When the construction, natural resource exploitation or other activities may affect railway work safety or railway communication and transport safety, the construction investors, organizations or individuals exploiting natural resources or conducting other activities shall promptly report thereon to railway infrastructure business enterprises for application of necessary measures to ensure railway work safety or railway communication and transport safety.

Chapter III

URBAN RAILWAYS

Article 8.- Standards of urban centers entitled to investment in construction of urban railways

To be entitled to investment in construction of urban railways, urban centers must reach the following standards:

1. Having the function of a political, economic, cultural, scientific and technological, tourist, service center, a domestic and international traffic and exchange hub playing the role of boosting socio-economic development in a territorial or inter-provincial region or the whole country.

2. The non-agricultural workforce accounts for 85 or higher of the total labor force.

3. Having the population of at least one million.

4. Having the average population density of 12,000 persons/km2 or more.

Article 9.- Funding supports for urban railway communication and transport

Annually, based on the demand of funding support for urban railway communication and transport, provincial-level People’s Committees shall incorporate the funding into local budget. In case of deficit, the central budget provides supports from the funding support amounts for urban mass transit services under the provisions of Clause 4, Article 56 of the Railway Law and the provisions of the law on state budget.

Chapter IV

RAILWAY BUSINESS

Article 10.- Responsibilities of railway business organizations and individuals

1. To meet all the conditions on business registration as provided for by law and on the conditional business lines provided for in this Decree.

2. To observe the provisions of law on railway communication and transport and provisions of other relevant law.

3. To fully and promptly perform obligations towards the State according to provisions of law.

Article 11.- General conditions on railway business

1. Railway business has the following forms:

a/ Railway infrastructure business;

b/ Railway transport business;

c/ Cargo loading and unloading at railway stations or storing yards;

d/ Goods warehousing, preservation at railway stations;

e/ Manufacture, assembly, transformation, rehabilitation of railway traffic means;

f/ Provision of railway transport agency services;

g/ Cargo forwarding service provision.

2. Railway business is a conditional business. Railway business enterprises and cooperatives (hereinafter referred collectively to as enterprises) must satisfy the following general conditions:

a/ Being enterprises set up under Vietnamese law;

b/ Having business registration compatible with business lines;

c/ Having equipment and material foundations suitable to business lines.

Article 12.- Railway transport business conditions

Railway transport business enterprises must satisfy the following conditions:

1. The conditions prescribed in Clause 2, Article 11 of this Decree.

2. Having the safety certificate as provided for in Article 75 of the Railway Law.

3. Railway traffic means must have the registration certificate, the valid certificate of quality, technical safety and environment protection registry.

4. Having contracts for provision of railway communication and transport operation services with railway communication and transport operation organizations.

5. Persons assigned with the prime responsibility for technical management of transport operation must have a university degree and at least three (3) years’ experience in railway transport operation. Personnel directly involved in train operation must satisfy all the conditions prescribed in Article 46 of the Railway Law and must firmly grasp the railway process and regulations.

6. For passenger transport and dangerous cargo transport by railways, apart from the conditions prescribed in Clauses 1, 2, 3, 4 and 5 of this Article, enterprises must have insurance contracts as provided for by law on insurance.

7. For urban railway transport business, apart from the conditions prescribed in Clauses 1, 2, 3, 4, 5 and 6 of this Article, enterprises must also have plans on organization of train operation, ensuring safe, regular and punctual train operation according to the announced train operation time tables.

Article 13.- Conditions for railway infrastructure business

Railway infrastructure business enterprises must satisfy all the following conditions:

1. The conditions prescribed in Clause 2, Article 11 of this Decree.

2. Having the safety certificate as provided for in Article 75 of the Railway Law.

3. Persons assigned with the prime responsibility for technical management of railway infrastructures must have a university degree and at least three years’ experience in operation of railway infrastructures. Personnel directly involved in train operation must satisfy all the conditions prescribed in Article 46 of the Railway Law and must firmly grasp the railway process and regulations.

Article 14.- Business conditions for cargo loading and unloading at railway stations and/or storing yards

Enterprises doing business in cargo loading and unloading at railway stations and/or storing yards must satisfy all the following conditions:

1. The conditions prescribed in Clause 2, Article 11 of this Decree.

2. The cargo loading and unloading sites ensure all safety conditions under the regulations of the Ministry of Transport.

3. The cargo handling equipment put into operation are up to the prescribed technical safety standards.

4. Cargo handling equipment operators possess permits, diplomas, professional certificates according to the provisions of law.

Article 15.- Business conditions for goods warehousing and preservation at railway stations

Enterprises doing business in goods storage and preservation at railway stations must satisfy all the following conditions:

1. The conditions prescribed in Clause 2, Article 11 of this Decree.

2. Warehouses and storing yards are up to the prescribed standards.

3. Observing the regulations on fire and explosion prevention and fighting and on environmental sanitation.

Article 16.- Business conditions for manufacture, assembly, transformation, rehabilitation of railway traffic means

Enterprises doing business in manufacture, assembly, transformation and rehabilitation of railway traffic means shall satisfy all the following conditions:

1. The conditions prescribed in Clause 2, Article 11 of this Decree.

2. Having a section for quality control and management.

3. Having plans on fire prevention and fighting and environmental pollution prevention, which are approved by competent bodies or being granted certificates thereof.

4. Having at least one technician who possesses a university degree in mechanical engineering for railway traffic means.

Article 17.- Contents and order of, procedures for, granting, amending, supplementing, withdrawing railway business registration certificates

The contents and order of, procedures for, granting, amending, supplementing, withdrawing railway business registration certificates shall be as stipulated in the law on business registration.

Article 18.- Formation and announcement of load pass, speed pass, train operation time tables

1. The Minister of Transport shall guide the formation, promulgation and announcement of load pass, speed pass and time tables for train operation on national railways and urban railways.

2. Organizations and individuals that manage and operate specialized railways shall themselves formulate and announce load pass, speed pass and train operation time tables and take responsibility for incidents or accidents according to the provisions of law.

Article 19.- Specific provisions on railway transport business

The Minister of Transport shall detail and guide the railway transportation of cargoes, passengers, luggage and baggage.

Article 20.- Management and use of financial sources for management and maintenance of railway infrastructures invested by the State

1. Financial sources for management and maintenance of railway infrastructures invested by the State shall be used for the following jobs:

a/ Managing assets belonging to the State-invested railway infrastructures according to the provisions of law;

b/ Maintaining, repairing the State-invested railway infrastructures in order to maintain their technical conditions and raise their quality, ensuring safe and smooth railway traffic.

c/ Preventing, fighting and redressing in time the consequences of railway incidents. natural calamities, railway traffic accidents in order to ensure safe and smooth railway traffic.

2. Enterprises dealing in national-railway infrastructures invested by the State shall, within the scope of their respective management, draw up plans on management and maintenance of national-railway infrastructures invested by the State.

3. Competent state management bodies shall assign plans, place orders for management and maintenance of national-railway infrastructures invested by the State under the provisions of law on production and provision of public-utility products and services.

4. The management, allocation and settlement of finance from the state budget sources for management and maintenance of railway infrastructures invested by the State shall be as stipulated in the law on state budget.

Article 21.- Ticket price exemption, reduction for social-policy beneficiaries

1. The following social-policy beneficiaries are entitled to railway ticket price exemption or reduction regimes:

a/ Persons engaged in revolutionary activities before January 1, 1945;

b/ Persons engaged in revolutionary activities from January 1, 1945, to before the August 19, 1945 General Uprisings;

c/ Vietnamese Hero Mothers;

d/ War invalids and persons enjoying policies like war invalids;

e/ Diseased armymen;

f/ Participants in revolutionary activities, resistance-war activities, who were captured and imprisoned by enemy; resistance-war activists infected with toxic chemicals;

g/ People aged 90 years or older;

h/ Agent orange victims;

i/ Seriously disabled persons;

j/ Children, pupils, students.

2. The Ministry of Transport shall assume the prime responsibility for, and coordinate with the Ministry of Labor, War Invalids and Social Affairs and the Ministry of Finance in, guiding the price ticket exemption and reduction and the reduction levels suitable to each period of national socio-economic development.

Article 22.- Support for maintenance of train operation in special cases

The maintenance of train operation in service of socio-economic requirements, defense and/or security requirements, for which the expenses cannot be offset, shall be supported under the Prime Minister’s decision on a case-by-case basis.

Chapter V

LIST OF DANGEROUS GOODS AND TRANSPORT THEREOF ON RAILWAYS

Section 1. DANGEROUS GOODS

Article 23.- Classification of dangerous goods

1. Depending on their chemical and physical properties, the dangerous goods are classified into the following 9 types (types 1, 2, 4, 5 and 6 are divided into groups):

Type 1: Explosive.

Group 1.1: Explosives.

Group 1.2: Industrial explosive materials.

Type 2: Inflammable, noxious substances.

Group 2.1: Inflammable gases.

Group 2.2: Poison gases.

Type 3: Inflammable liquids and deactivated liquid explosives.

Type 4: Inflammable solids.

Group 4.1: Inflammable condensates, self-reaction substances and deactivated condensed explosives.

Group 4.2: Self-inflammable substances.

Group 4.3: Substances generating inflammable gas upon contact with water.

Type 5: Oxidizers.

Group 5.1: Oxidizers.

Group 5.2: Organic oxide.

Type 6: Noxious, contagious substances.

Group 6.1: Noxious substances.

Group 6.2: Contagious substances.

Type 7: Radioactive substances.

Type 8: Corrosive substances.

Type 9: Other dangerous substances and goods.

2. Dangerous goods packages and containers which have not yet been cleaned inside and outside after they are emptied from dangerous goods are also considered dangerous goods.

Article 24.- List of dangerous goods

1. Dangerous goods are classified according to types and groups accompanied with danger codes and signs prescribed by the United Nations in Appendix I to this Decree (not printed herein).

2. The extent of danger of each substance on the list of dangerous goods is demonstrated by a danger sign of two to three numerals prescribed in Appendix II to this Decree (not printed herein).

3. Based on the list of dangerous goods promulgated by the Government, the Prime Minister shall adjust it in each period to suit the practical situation at the proposal of the agencies defined in Article 26 of this Decree.

Article 25.- Packing, package, container, label, symbol of dangerous goods and danger signs

1. Dangerous goods subject to packing must be packed before transportation on railways. The packing of dangerous goods must comply with Vietnamese standards and regulations of competent state bodies.

2. Packages, containers of dangerous goods must be up to the prescribed standards and stuck with symbols of dangerous goods. The sizes, signs and colors of dangerous goods symbols shall be as stipulated at Point 1 of Appendix III to this Decree.

3. The labeling of dangerous goods must comply with the regulations on labeling of goods circulated in the country and export, import goods.

4. Both sides of a means for transport of dangerous goods must be stuck with dangerous goods symbols. If a transport means carries different types of dangerous goods, the symbols of all those dangerous goods must be stuck. When a means carries containers or sterns containing dangerous goods, the symbols of dangerous goods must also be stuck directly on such containers or sterns.

5. The danger signs are in orange-yellow rectangles, with the UN codes in the middle. The sizes of danger signs are prescribed at Point 2, Appendix III to this Decree. The danger sign is stuck below the dangerous goods symbols.

6. The packing, packages, containers, labels, symbols of dangerous goods and danger signs for the transportation of radioactive substances shall be as stipulated in the law on radiation safety and control.

Article 26.- Responsibility to elaborate, amend and supplement regulations on dangerous goods

The responsibility to elaborate, amend, supplement, submit to competent bodies for promulgation or to promulgate according to competence the regulations on the list of dangerous goods, standards of packing, packages, containers of dangerous goods and necessary cautions upon handling of dangerous goods is prescribed as follows:

1. The Ministry of Agriculture and Rural Development is responsible for plant protection drugs.

2. The Health Ministry is responsible for toxic chemicals used in the medical domain and insect- or germ- killing chemicals for domestic use.

3. The Trade Ministry is responsible for gasoline and oil of different types, fuel gas.

4. The Industry Ministry is responsible for dangerous chemicals used in industrial production.

5. The Ministry of Science and Technology is responsible for radioactive substances.

6. The Ministry of Natural Resources and Environment is responsible for the remaining dangerous toxic chemicals in the types and groups of dangerous goods.

Section 2. TRANSPORT OF DANGEROUS GOODS

Article 27.- General provisions

1. Vietnamese organizations and individuals and foreign organizations and individuals conducting activities related to the transport of dangerous goods on railways shall comply with the provisions of the Railway Law and this Decree.

2. The transport, loading, unloading and preservation of radioactive substances, industrial explosives on railways, apart from the provisions of he Railway Law and this Decree, shall also be as stipulated in other relevant law.

3. The train operation, formation and shunting in the course of transportation of dangerous goods must comply with railway process and regulations.

4. The Defense Ministry, the Public Security Ministry shall assume the prime responsibility for, and coordinate with the Transport Ministry in, providing for the transport of dangerous goods on railways in service of defense and/or security purposes.

Article 28.- Transport of dangerous goods in special cases

The Prime Minister shall decide on the transport of dangerous goods on railways in the following cases:

1. Goods in service of urgent requirements of preventing and fighting epidemics, natural disasters or enemy.

2. Transit goods of other countries or international organizations being contracting parties to treaties to which Vietnam is not a contracting party.

Article 29.- Conditions on persons engaged in the transport of dangerous goods

1. Train running personnel, direct station train controllers, train captains, shunting team members (chief shunters; couplers, switch men), station cargo controllers, drivers of trains carrying dangerous goods, warehouse keepers, dangerous goods handlers at stations or storing yards must be trained under the regulations of the Transport Ministry.

2. Dangerous goods escorts, warehouse keepers, handlers of dangerous goods at warehouses of goods owners must be trained under the regulations of the agencies defined in Article 26 of this Decree.

Article 30.- Loading, unloading, warehousing of dangerous goods

1. Persons loading, unloading or warehousing dangerous goods shall observe the dangerous goods loading, unloading and warehousing regulations of the Transport Ministry and the agencies defined in Article 26 of this Decree.

2. Based on the regulations of the Transport Ministry and the agencies defined in Article 26 of this Decree and the instructions of transport hirers, the persons assuming the prime responsibility for receiving and organizing the transport of dangerous goods shall decide on plans to load, reinforce the dangerous goods and direct relevant staff to conduct the goods loading and unloading according to regulations.

The loading and reinforcement of dangerous goods on railway traffic means must strictly comply with goods loading plans. Dangerous goods of different types, which reinforce or create higher risk when being loaded together in the same carriages, must not be arranged together.

The formation of trains for transport of dangerous goods shall comply with the regulations on transport of such types and groups of goods.

3. The loading, unloading of dangerous goods in warehouses, storing yards of railway stations, dry ports shall follow the instructions of warehouse keepers. Based on the regulations of the Transport Ministry and the instructions of transport hirers, the agencies defined in Article 26 of this Decree, warehouse keepers shall guide and supervise the loading and unloading of dangerous goods in warehouses, storing yards and take responsibility for the goods stored in warehouses or storing yards.

4. For types or groups of dangerous goods which must be loaded, unloaded or warehoused at separate places according to regulations, they must be loaded, unloaded and warehoused in separate areas to ensure safety according to the typical characteristics of such goods.

5. After all the dangerous goods are delivered from warehouses or storing yards, such warehouses or storing yards shall be cleaned up so as not to affect other types of goods.

Article 31.- Conditions on means for transport of dangerous goods

Apart from satisfying all the conditions prescribed by the Railway Law, dangerous goods transport means must also meet the following conditions:

1. Being compatible with the types of goods to be transported according to regulations. The Transport Ministry shall assume the prime responsibility for, and coordinate with the agencies defined in Clause 2, Article 36 of this Decree in, prescribing the conditions on wagons for transport of dangerous goods with regard to types, groups and names of corresponding dangerous goods.

2. Being cleaned by goods consignees strictly according to the prescribed procedures at designated places without affecting railway traffic and environmental hygiene after the unloading of goods if they do not continue to carry such types of goods.

The Transport Ministry shall assume the prime responsibility for, and coordinate with the agencies defined in Article 26 of this Decree in, guiding the process and place of cleaning the railway transport means after the transport of dangerous goods.

Article 32.- Responsibility of persons directly involved in transport of dangerous goods

1. Persons directly involved in transport of dangerous goods include train running personnel, direct station train constrollers, train captains, shunters, station cargo controllers, train drivers operating means for transport of dangerous goods.

2. Apart from observing the provisions of the Railway Law and relevant provisions of this Decree, based on their respective functions and tasks, the persons directly involved in transport of dangerous goods also have the following responsibilities:

a/ To observe the regulations stated in dangerous goods permits regarding types, groups, names of dangerous goods stated in the permits;

b/ To follow the instructions in notices of persons hiring the transport of dangerous goods;

c/ To compile dangerous goods dossiers comprising transport bills, goods loading diagrams and other relevant papers;

d/ To regularly guide and supervise the loading and unloading of goods on/from transport means; to preserve dangerous goods in the course of transportation without escorts;

e/ Upon detection of dangerous goods incidents, threatening the safety of humans, transport means, environment and other commodities in the course of transportation, to quickly apply measures to limit or eliminate the possibility of causing harms by dangerous goods; to make records thereon and report such to the nearest People’s Committees and relevant bodies for handling. In cases of beyond their capacity, to report thereon to their superior and the transport hirers for timely solution.

Article 33.- Responsibilities of persons hiring the transport of dangerous goods

Apart from observing the provisions of the Railway Law and relevant provisions of this Decree, the persons hiring the transport of dangerous goods also have the following responsibilities:

1. To possess dangerous goods permits issued by competent bodies, for types, groups and names of dangerous goods requiring the dangerous goods permits.

2. To fill in the declarations on consignment of dangerous goods according to regulations and hand them to carriers before the goods are loaded onto the means, clearly stating the names of dangerous goods; codes; types and groups of dangerous goods; total volume; types of packages; the number of packages, packs; date and place of manufacture; full names and addresses of persons hiring the transport of dangerous goods; full names and addresses of goods consignees.

3. To notify in writing the dangerous goods transporting enterprises of the requirements to be met in the course of transportation; to guide the handling of incidents caused by dangerous goods, if any, even when there are escorts. To take responsibility for the losses incurred due to late, inaccurate or invalid supply of information, documents and instructions.

4. To organize goods escort, for types and groups of dangerous goods requiring escorts as provided for by the agencies defined in Article 26 of this Decree. Escorts of dangerous goods shall regularly guide and supervise the loading and unloading of dangerous goods on/from transport means; join train captains and relevant persons in preserving goods and promptly handle incidents, if any, in the course of transportation.

Article 34.- Responsibilities of enterprises transporting dangerous goods

Apart from observing the provisions of the Railway Law and the relevant provisions of this Decree, enterprises transporting dangerous goods also have the following responsibilities:

1. To transport only when there are dangerous goods permits and the dangerous goods are accompanied with adequate papers, packed and labelled according to regulations.

2. To examine dangerous goods, ensuring transport safety according to regulations.

3. To follow the instructions stated in the notices of transport hirers and the regulations stated in the dangerous goods permits.

4. To direct the persons directly involved in transport of dangerous goods to observe the regulations on transport of dangerous goods on railways.

5. To buy insurance according to the provisions of law.

Article 35.- Responsibilities of local People’s Committees upon occurrence of incidents in the course of transportation of dangerous goods

Upon receiving notices on incidents occurring in the course of transportation of dangerous goods on railways, the nearest People’s Committees shall mobilize forces to quickly perform the following tasks:

1. Saving people, transport means, dangerous goods.

2. Carrying victims (if any) out of the incident areas and organizing the first-aids for them.

3. Zoning off, evacuating people out of the polluted and contaminated areas and at the same time reporting thereon to the superior People’s Committees for mobilization of fire-fighting, chemical, anti-epidemic and environmental protection forces, promptly handling the incidents and redressing the consequences.

4. To organize and arrange forces for protection of the scenes, dangerous goods and means for continued transportation and in service of investigation and remedy of consequences.

Article 36.- Competence to grant dangerous goods permits

1. Based on the danger extents of types, groups, names of goods on the list of dangerous goods in Appendix I to this Decree, the agencies defined in Clause 2 of this Article shall prescribe types, groups and names of dangerous goods, for which the transport hirers must acquire dangerous goods permits when they are transported on railways.

2. The competence to grant dangerous goods permits when they are transported on railways is provided for as follows:

a/ The Ministry of Public Security shall provide the issuance of dangerous goods permits for goods of types 1. 2, 3, 4 and 9 defined in Clause 1, Article 23 of this Decree;

b/ The Ministry of Science and Technology shall provide the issuance of dangerous goods permits for goods of types 5, 7 and 8 defined in Clause 1, Article 23 of this Decree;

c/ The Health Ministry shall provide the issuance of dangerous goods permits for toxic chemicals used in the medical domain and insect- or germ-killing chemicals for domestic use;

d/ The Ministry of Agriculture and Rural Development shall provide the issuance of dangerous goods permits for plant protection drugs of various types;

e/ The Ministry of Natural Resources and Environment shall provide the issuance of dangerous goods permits for the remaining types, groups and names of dangerous goods.

Article 37.- Dangerous goods permits

1. The dangerous goods permits defined by competent bodies in Clause 2, Article 36 of this Decree shall be granted to persons hiring the transport of dangerous goods.

2. A dangerous goods permit has the following major contents:

a/ Name and address of the dangerous goods transport hirer;

b/ Name, group, type and volume of dangerous goods;

c/ Names of the dangerous goods loading and unloading stations;

d/ Itinerary and time of transport of dangerous goods;

e/ Cautions on the special danger of dangerous goods (if any).

3. The agencies defined in Clause 2, Article 36 of this Decree shall provide for the dossiers, order, procedures, time limits for grant of dangerous goods permits and the management and distribution thereof. The dangerous good permit form must fully cover the contents specified in Clause 2 of this Article.

4. Dangerous goods permits shall be granted for goods lots on a case-by-case basis.

Article 38.- Registration of wagons for transportation of dangerous goods and loading and unloading stations

Enterprises transporting dangerous goods on railways must register types of means fully meeting the dangerous-goods transportation standards, loading stations, unloading stations with the agencies defined in Clause 2, Article 36 of this Decree and strictly observe such registration.

Chapter VI

RESPONSIBILITIES OF MINISTRIES, BRANCHES AND PROVINCIAL-LEVEL PEOPLE’S COMMITTEES TO ENSURE RAILWAY COMMUNICATION AND TRANSPORT ORDER AND SAFETY

Article 39.- Responsibilities of the Transport Ministry

1. To promulgate standards, procedures, rules, regulations and econo-technical norms in the railway communication and transport domain according to its competence in order to ensure safe, smooth and convenient passenger and cargo transportation.

2. To prescribe the conditions and standards of establishments designing, building, repairing, registering and inspecting railway traffic equipment and means; to stipulate and organize the registration, registry of railway traffic means.

3. To prescribe training contents and programs and conditions for establishments engaged in training of railway personnel directly involved in train operation; organize the management of training of, and grant of licenses to, train drivers.

4. To direct and inspect the operations of railway inspection systems; to sanction administrative violations in ensuring railway work safety and railway traffic order and safety according to its competence.

5. To coordinate with local People’s Committees and concerned ministries and branches in disseminating and guiding the railway law and ensuing railway communication and transport order and safety; to settle the consequences of railway traffic incidents or accidents.

6. To coordinate with the Ministry of Public Security in monitoring, analyzing the causes of serious and particularly serious traffic accidents, draw up effective measures to limit railway traffic accidents.

Article 40.- Responsibilities of the Ministry of Public Security

1. To direct the maintenance of railway communication and transport security, order and safety.

2. To examine, supervise and sanction acts of violating the regulations on railway communication and transport security, order and safety.

3. To take prime responsibility for investigating, sanctioning railway traffic accidents; to make statistics on, monitor, analyze and conclude on the causes of railway traffic accidents; to supply data on railway traffic accidents.

4. To assume the prime responsibility for, and coordinate with the Transport Ministry in, stipulating and proposing ministries, branches, provincial-level People’s Committees to apply measures to prevent and address the causes of railway traffic accidents.

5. To direct the Road-Railway Traffic Police Department, local police offices to coordinate with the railway sector in maintaining railway communication and transport security, order and safety for trains carrying high-level Party and State delegations and foreign delegations, for special cargo trains.

Article 41.- Responsibilities of the Finance Ministry

1. To ensure fundings for the management and maintenance of national railway infrastructures invested by the State.

2. To ensure fundings for the maintenance of railway communication and transport order and safety at the levels approved by the Prime Minister on the basis of the proposal of the Ministry of Transport and the Ministry of Public Security.

Article 42.- Responsibilities of the Defense Ministry

To direct the military agencies at all levels to coordinate with the railway sector, police forces in maintaining railway communication and transport order and safety; to strictly observe the railway communication and transport order and safety in transportation of military personnel, means, weapons on railways.

Article 43.- Responsibilities of the Ministry of Culture and Information

1. To draw up plans for regular and widespread dissemination of railway law to people.

2. To direct central and local culture-information and press agencies to regularly disseminate the railway law, mobilize people to strictly observe the law on railway communication and transport order and safety.

3. To guide the grant of advertisement permits without affecting the railway communication and transport order and safety.

Article 44.- Responsibilities of the Ministry of Education and Training

To assume the prime responsibility for, and coordinate with the Transport Ministry and the Ministry of Public Security in, organizing the selection of necessary contents on maintenance of railway communication and transport order and safety for dissemination and education to pupils and students which are suitable to their educational levels and disciplines.

Article 45.- Responsibilities of provincial-level People’s Committees

1. To direct and organize the dissemination of the law on railway communication and transport order and safety; to apply all necessary measures to establish railway communication and transport order and safety; to assign the People’s Committees of the district and commune levels in the localities where railways run through to assume the responsibility for the protection of railway works in their respective localities.

2. To work out plans on and direct the clearance of works illegally built within railway land areas.

3. To direct subordinate People’s Committees of the localities where railways are broken due to traffic accidents or natural disasters to coordinate with the railway sector in promptly addressing the consequences, restoring railway traffic.

Article 46.- Responsibilities of the mass media agencies

The central and local mass media agencies shall work out plans, programs, special columns or programs for popularization of the law on railway communication and transport order and safety.

Article 47.- Formulating plannings on building or rennovation of works which affect the safety of railway works

Ministries, ministerial-level agencies, government-attached agencies and provincial-level People’s Committees, when formulating plannings on building or renovation of works which affect the safety of railway works, shall obtain the written consent of the Transport Ministry.

Chapter VII

IMPLEMENTATION PROVISIONS

Article 48.- Determining the time points and principles for handling of works which exist in the railway land areas

1. Determination of time points:

a/ Works existing in railway land areas before September 1, 1996, shall be handled under the provisions of Decree No. 120/CP of August 12, 1963, of the Government Council, promulgating the Regulation on railway scope and limits and railway communication and transport order and safety;

b/ Works existing in railway land areas between September 1, 1996, and December 31, 2005, shall be handled under the provisions of the Government’s Decree No. 3 9/CP of July 5, 1996, on maintenance of railway traffic order and safety;

c/ Works existing in railway land areas from January 1, 2006, on shall be handled under the provisions of the Railway Law.

2. Handling principles:

a/ To immediately dismantle works causing harms to railway work safety, to railway communication and transport safety;

b/ To allow the temporary existence of works which are considered not directly affecting the railway work safety or railway communication and transport safety but the work owners must commit with local administrations and railway infrastructure business enterprises not to expand their works, not to develop works and immediately dismantle their works upon the requests of competent state management bodies.

c/ Compensations and supports for owners of dismantled works shall be as provided for by law.

Article 49.- Implementation effect

This Decree takes effect 15 days after its publication in “CONG BAO”; replaces the Government’s Decree No. 39/CP of July 5, 1996, on maintenance of railway traffic order and safety, which was amended and supplemented by the Government’s Decree No. 76/1998/ND-CP of September 26, 1998 (excluding Chapter VI of Decree No. 39/CP of July 5, 1996, which will be replaced by another document of the Government).

Article 50.- Implementation responsibility

Ministers, heads of ministerial-level agencies, heads of government-attached agencies and presidents of provincial/municipal People’s Committees shall implement this Decree.

Scroll to top