The Decree 14/2015/nd-Cp: Detailing And Guiding The Implementation Of Some Articles Of The Law On Railways

Original Language Title: Nghị định 14/2015/NĐ-CP: Quy định chi tiết và hướng dẫn thi hành một số điều của Luật Đường sắt

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THE GOVERNMENT.
Numbers: 14 /2015/NĐ-CP
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, February 13, 2015

DECREE

Detailed regulations and guidelines that enforce some of the provisions of the Rail Law

____________________

Government Law Base December 25, 2001;

Railway Law Base June 14, 2005;

On the recommendation of the Minister of Transport,

The government issued a regulatory regulation and guidelines for the implementation of some of the provisions of the Railway Law.

Chapter I

GENERAL REGULATION

What? 1. The adjustment range

This decree specifies the details and guidelines of some of the provisions of the Railway Law on the structural infrastructure of the railway; railway business; railway transportation; the list of dangerous goods and cargo goods on the railway; the urban railway; The responsibilities of ministries, peer agencies, government agencies and the Provincial People's Committee, the Central Committee of the Central Committee (later called the Provincial People's Committee) in ensuring order, safety of rail traffic.

What? 2. Subject applies

This decree applies to the organization, the Vietnamese personally and the organization, the foreign individual whose activities are related to the railway on the territory of the Socialist Republic of Vietnam.

Chapter II

RAILWAY INFRASTRUCTURE STRUCTURE

What? 3. Land for the Railroad

1. Business enterprise structure infrastructure is responsible for the management and protection of the land for railways; the right to use the right purpose has been approved and implemented the laws of the land. The People's Committee of the People's Committee, which has a railway work, is responsible for the protection of the land within the protection of the railway and the safety corridor of the railway; detection and sanctological violations of the scope of the railway work and safety corridors. The railroad.

2. The land for the railroad must be given the index. The designation of the index is specified as follows:

a) For the land of planning for the railways:

The distribution of the index was chaired by the Department of Transport, in coordination with the Provincial People's Committee where the railway plan was implemented.

b) For the land devoted to the railway when carrying out the upgrade, the renovation of the new construction or construction of the new railway from the following day of the Railway Act took effect (1 January 2006), the head of the project is responsible for the following:

The presiding officer, in collaboration with the District People's Committee, where the rail construction of the railway station is located, defines the scope of the scope of the scope of the railway work, the scope of the safety corridor of the rail transport, the Provincial Committee of the Provincial People's Department of Public Affairs. The railroad approx. In the non-past 3 (three) months of the day since the date was approved by the Provincial People's Commission, the project holder must be presided over, coordinating with the District People's Committee, the People's Committee, where the railway works announced. The scope of the scope of the scope of the scope of the railway to the railway station is safe, and the organization is on the ground, and the organization provides for the People's Committee, where the railway is managed, protected.

c) For the land devoted to the extraction of railways and dates prior to the effective railway law day (1 January 2006), business enterprise structure infrastructure is responsible:

The presiding officer, in collaboration with the District People's Committee, which has a railway construction project to build a directive to determine the scope of the scope of the railway work, the safety corridor of the rail transport of the Provincial People's Committee, where the road works are located. Ferrous iron. In the non-past 3 (three) months, since the date was granted by the Provincial People 's Commission where the railway work approved the quota method, the business business of infrastructure infrastructure must be presided over, coordinating with the district-level People' s Committee, the Commission. The people of the township, where there ' s a railway building, which has publicly announced the scope of the protection of the railway, the safe passage of the railway, and the organization of the world ' s only local community, the people ' s border, and the organization of the local community. Steelworks, security.

3. The chairman of the People ' s Committee on the level of the railway site in the scope of the mission, its powers have the following responsibility:

a) To detect, prevent and process in time of certain overcrowing, seizure, use of land for rail; forcing people to conduct violations of the initial state of order to ensure order, safety of rail traffic by regulation.

In the case of an overcrowing, the appropriation, the use of land permits for the local railway, the Chairman of the Committee of the People's Committee shall be held accountable under the rule of law;

b) Coordinated with the state governing body of railways, business enterprise structure infrastructure in propagation, dissembling of law on safety of railway work, order, safety of rail traffic; public milestones, milestones, It's a land-only violation of the railroad.

What? 4. Construction of construction, resource exploitation and other activities in the vicinity of the range of railway work protection.

1. The minimum safety gap of some of the work in the vicinity of the range of railway work protection is regulated as follows:

a) The plant made of flammable material must be the way to only the safe passage of rail traffic at least 05 (year) meters;

b) The lime furnace, ceramic furnace, brick kiln, iron stove, steel, cement, glass must place the safe passage of rail traffic at least 10 (ten) meters;

c) The toxic storage, explosive, flammable, and explosive substances must be made to indicate the safe passage of the rail transport under the regulation of the relevant law;

d) The power line above the railway, in addition to ensuring a safe distance under the regulation of the law of electricity, is also required to take measures not to interfere with the information system, the railway signal, and secure security when the power line is broken;

At the intersection of the copper between the railroad and the air road, the guard was not built within the scope of the view of the vehicle's view of road traffic and rail traffic.

The Minister of Transportation specifically regulates the scope of each type of intersection between rail and road.

2. The case of construction, resource exploitation or other activities of operations are likely to affect the safety of rail or safety rail transport, the owner of the construction, organization, individual exploitation of resources or conducting a business course. Other activities must inform the business business of the construction of the railway infrastructure and have the necessary measures to ensure the safety of rail, safety of rail traffic.

Chapter III

RAILWAY BUSINESS

What? 5. The principle of organizing the railway business

1. For the National Railways provided by the State Investment, the business of the infrastructure and transportation business is defined as follows:

a) On the business of the infrastructure infrastructure:

Rail infrastructure is a property owned by the state. The management, exploitation of this property is assigned to the state-owned enterprise.

b) On the rail transport business, the rail transport support service:

The business has all the regulations under the regulation of the law that is involved in the rail transport business, the service business that supports the rail transport.

Undiscriminated against the railway business business, the service business supports the rail transport of all economic and foreign economic components while renting the use of the state-owned railway infrastructure.

2. For urban rail systems, the dedicated railway is not necessarily defined between the infrastructure of infrastructure and the transport business as specified in Clause 1 This Article.

3. Works, rail lines are invested in the form of construction contract-business-transfer (BOT contract), industrial partner form (PPP), and other forms, management, exploitation of execution by contract.

What? 6. The lease of the National Railway Infrastructure

1. The lease of the rail infrastructure to directly serve the train:

The organization, personally using the structural infrastructure of the railway to run the ship, has to pay for the use of the rail infrastructure. The cost depends on the length of the journey, the ship ' s label, the extraction line.

2. The lease of the railway work is not directly related to the running of the train on the state railway by the State of Investment:

a) The railway works such as the terminal, the station square, the warehouse, the store, the information cable ... the lease is not directly related to the launch of the train;

b) The business is entrusted with, exploitation of railway infrastructure construction pricing for the Transport Ministry's review, appraisal, and offering the Ministry of Finance to decide the minimum price. The business is managed, exploiting the rail infrastructure that issued a specific price applicable to each type of service.

3. The Ministry of Finance issued a management mechanism, using the revenue source for the lease of the railway infrastructure on the basis of the Ministry of Transport's offer.

What? 7. Check out, monitor the rental use of rail infrastructure by the State Investment State.

1. The transport ministry carried out inspections, which oversees the lease of the use of the transparency of the transparency, effective, effective; organizations, individuals of all economic components are not discriminated against in the leasing of the rail infrastructure to be used. running trains, business support services, or use for other suitable purposes.

2. The inspection content, including:

a) The construction and the publication of the shipbuilding;

b) The task of running the train;

c) Business activity, leasing the structural infrastructure of the railway.

What? 8. The type and general condition of railway business

1. The railway business includes the following types:

a) Business infrastructure business;

b) The rail transport business;

c) Business rating, unloading goods at the station, the railway has railways;

d) The storage business, preserving the goods at the railway station;

The business of manufacturing, assembly, swaps, transportation of railways;

e) Business service agent dealership;

g) Business delivery services business.

2. Rail business is a conditional business. The business, cooperative (later called enterprise) railway business must have all the following common conditions:

a) A business established by the law of Vietnam;

b) There is business registration in line with the business profession;

c) There are equipment, facilities that are consistent with the business profession.

What? 9. The business conditions structure infrastructure

Business infrastructure business infrastructure must have all the following conditions:

1. The conditions stipulate at paragraph 2 Article 8 of this decree.

2. There is a prescribed safety certificate at Article 75 of the Rail Law.

3. The person who is given the primary responsibility for the management of the structural engineering of the railway infrastructure must have a university level and has at least 03 (three) years of experience in the mining of rail infrastructure.

What? 10. Rail transport business conditions

The rail transport business must have enough of the following conditions:

1. The conditions stipulate at paragraph 2 Article 8 of this decree.

2. There is a prescribed safety certificate at Article 75 of the Rail Law.

3. The rail transport vehicle must have sufficient registration certification, registration certification for quality standards, technical safety, and environmental protection in effect.

4. There is a contract to provide a rail transport operator with the operation to operate the rail transport.

5. The person who is given the primary responsibility for the management of the transport technique must have a university level and has at least 03 (three) years of experience in railway transport extraction.

6. For the passenger transport business and the rail-hazard freight business, in addition to regulatory conditions at Articles 1, 2, 3, 4 and 5 This, the business also must have an insurance contract under the law of insurance legislation.

7. For the urban rail transport business, in addition to regulation conditions at 1, 2, 3, 4, 5 and 6 This, the business also has to have the organizational plan of running a safe, steady, hourlong warranty on the ship's run.

What? 11. Business conditions stack, unload cargo at the station, railroads

Business businesses stack, unload the cargo at the station, the railroads with the railways must have enough of the following conditions:

1. The conditions stipulate at paragraph 2 Article 8 of this decree.

2. Locate, unload the cargo guarantee sufficient safety under the provisions of the Ministry of Transport.

3. The loading equipment, unloading the cargo that put into the harness warrants the standard technical safety standard.

4. The driver of the device, unloading the goods with a license, equals, certificate of expertise in accordance with the rule of law.

What? 12. Store business conditions, the preservation of goods at railway station

The business store business, preserving the goods at the railway station must have enough of the following conditions:

1. The conditions stipulate at paragraph 2 Article 8 of this decree.

2. Warehouse, abolished standard standard.

3. Secure the regulation of room, fire fire, and sanitation.

What? 13. Business conditions manufacturing, assembly, swaps, recovery of rail transport, and more.

The business of manufacturing, assembly, swaps, and the recovery of the rail transport must have all the following conditions:

1. The conditions stipulate at paragraph 2 Article 8 of this decree.

2. There is the monitoring department, quality management.

3. There are fire prevention, firefighting, and environmental pollution prevention that is approved by the authority to approve or grant certificates.

4. There are at least 01 (a) technical cadres that are specialized in the mechanical engineering discipline of rail transport.

What? 14. Content, sequence, grade procedure, amendment, supplement, document recovery certificate of railway business registration, report.

The content, sequence, procedure, amendment, supplement, document recovery of the railway business registration is carried out by law on business registration.

What? 15. The detailed regulation of transport on the railway

The Ministry of Transport regulates the details and guidelines for the transport of goods, passengers, luggage, and the passage of the railway.

What? 16. Construction, publication of the payload command, speed command, ship-run chart.

1. The Minister of Transport for Transport for the implementation of the construction, promulgation, publication of the load command, speed command and ship-making charts on the national railway, the urban railway.

2. Organization, Personal Management, Dedicated Railway Operator to the self-organization of the building, which announced the loading of the payload, the speed of command, the running of the ship and responsible for the incident, the accident that occurred under the rule of law.

What? 17. Support for maintaining trains in special cases

The maintenance of the ship's service required economic-social, defence, and security, without sufficient compensation, and the Prime Minister decided to provide assistance to each particular case.

What? 18. As long as the ticket discount for social policy object

1. The following social policy objects enjoy the degree of immunity, reducing the fare of the tickets:

a) The revolutionary activist before 1 January 1945;

b) The revolutionary activist from 1 January 1945 to the General Revolt 19 August 1945;

) The mother of Vietnam.

d) Wounded, policymaking as wounded men;

The human resistance is infected with toxic chemicals.

e) A particularly severe disability, who is severely disabled;

g) Children under 6.

2. The exemption applies to children under the age of 6 with adults. Children are exempt from being used in the same place as adults. Each adult is accompanied by no more than 2 (two) free-ticket objects.

3. discount the ticket price applied to the following objects:

a) A 90% decrease in the price of the ticket applied to the revolutionary activist before 1 January 1945; the activist of the revolution from 1 January 1945 to the General Revolt on 19 August 1945; the mother of Vietnam;

b) The reduction of 30% of the ticket price applied to the object is wounded, the beneficiary of the policy as a merchant; the victim of the orange-colored poison; the disability is particularly heavy and the disabled.

4. The reduction of the specified ticket price at Section 3 This is applied at the actual sale price of the type, the type of vessel that the passenger uses.

5. Specific conditions and time, the business of shipping business by rail can expand the subject to be exempt, discounted the ticket price and adjust the ticket price rate for social policy subjects for the right but the guarantee is not lower than expected. It ' s about regulation at paragraph 3.

6. The case of a social policy object that goes from the 02 (two) ticket rebate is only to enjoy a high-ticket discount mode.

7. The person is exempt, reducing the ticket price to the certificate of the specified object of the same identification as purchasing a ticket and when it comes to the train.

What? 19. Management, using a financial source for management, maintenance of the rail infrastructure structure led by the State of Investment

1. Financial sources for management, maintenance of the rail infrastructure are used by the State of Investment in the following work:

a) Asset management of the railway infrastructure of the state by the state of the law;

b) Maintenance, repair of railway infrastructure by the State of Investment;

c) The prevention, prevention and recovery of timely consequences due to the incident, natural disasters, rail traffic accidents.

2. Business business combines the state-owned national railway within its management range, building management plans, maintenance of the infrastructure of the national railway, due to the state of investment.

3. Management, issuing, finance payment from a state budget source for management, maintenance of rail infrastructure implemented by the State of the Investment in accordance with the law of the state budget.

Chapter IV

RAIL TRANSPORT

What? 20.

Rail transport specialized vehicles include:

1. The specialized motor vehicles move on the railway used to transport people and supplies, the equipment that serves the specialty of the railway industry.

2. The specialized vehicles that move on the railway used to save the hospital, rescue of railway traffic accidents; to inspect, enforce, protect, repair railway work and serve defense, security.

What? 21. The equipment on the vehicle is powered by the railway.

1. The specialized driving vehicles that move on the railway use to transport people and supplies, the equipment that serves the industry ' s specialized work on the extraction, the operation on the railway must follow the regulations at Article 43 of the Rail Law.

2. The Minister of Transport specifically regulates the category and safety guarantees for the types of specialized machinery to save the institute, rescue of railway traffic accidents; to inspect, enforce, maintenance, repair of road work, and provide protection for the public. Iron, which serves security, defense, and transportation, is not required to have a speed recording device and information related to the running of the ship (black box).

Chapter V.

LIST OF DANGEROUS GOODS AND TRANSPORT

IT ' S DANGEROUS ON THE RAILROAD.

Item 1

DANGEROUS GOODS

What? 22.

1. The base of the chemical, the reason, the danger is divided into 9 categories (types 1, 2, 4, 5 and 6 are divided into groups) following:

Type 1: Explostant.

Group 1.1: Explostant.

Group 1.2: Industrial explosive.

Type 2: Gas that is flammable, toxic.

Group 2.1: The gas is flammable.

Group 2.2: The gas is toxic.

Type 3: The liquid is flammable and the explosives are decontamination.

Type 4: Solid-flammable solid.

Group 4.1: A flammable substance, a self-reactive agent and a decontamination agent.

Group 4.2: Easy-flammable substance.

Group 4.3: The substance when water creates a flammable gas.

Type 5: oxidant.

5.1: oxidant.

Group 5.2: The compound of organic oxide.

Type 6: Toxic, infectious.

Group 6.1: The poison.

Group 6.2: Infectious diseases.

Type 7: Radiology.

Type 8: corrode.

Category 9: Quality and other dangerous goods.

2. The packaging, the dangerous cargo container that has not been cleaned inside and outside after taking out the danger line is also considered as dangerous goods.

What? 23.

1. The category of dangerous goods is classified under the type, group with code and danger number specified by the United Nations at Annex I attached to this decree.

2. The level of danger of each substance in the risk category is indicated by the danger number with a group of two to three digits specified in Annex II accompanied by this decree.

3. List of hazardous goods issued by the Government, the Government adjuvated the category of dangerous goods during each period in accordance with the actual situation on the proposed basis of the regulatory bodies at Article 25 of this Decree.

What? 24. Close the packaging, packaging, container, label, dangerous chart manifold and dangerous signaling.

1. The row of danger of the packaging that is under the packaging must be packed before shipping on the railway. The packaging of dangerous goods must be carried out by the Vietnamese standard and the regulation of the competent state agency.

2. The packaging, the dangerous cargo container must be standard and must be labeled dangerous. The size, symbol, and the colour symbol represent the risk of execution by regulation at Point 1 Annex III accompanied by this decree.

3. Risk labeling implementation according to the regulation of domestic circulation label labeling and export goods, imports.

4. On the two sides of the dangerous shipping vehicle must paste a dangerous chart. If there are many different types of dangerous goods on a vehicle, we have to paste all the symbols of those kinds of dangerous goods. In the event of a container carrying container or synaptic container, the hazard manifold must be glued directly to the container or cement.

5. The orange-yellow-yellow rectangle signal, in the middle of the United Nations code name (UN code). The effective signal size is specified at the 2 Annex III along with this decree. The location labeled the danger below the dangerous chart.

6. Packaging, packaging, containers, eyelaw, hazard manifold and dangerous signaling to the transport of radioactive substances must be done under the regulation of the law on safety and radiation control.

What? 25. Construction of construction, modification, chemical regulation of chemicals, dangerous goods

The responsibility for construction, modification, addition of the agency with an authority to enact or issued a regulatory authority on the portfolio of dangerous goods, packaging standards, packaging, dangerous cargo containers, and necessary notes when placed, unloading, shipping at risk. The rules are defined as follows:

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

2. The Ministry of Health is responsible for chemicals, insecticidal preparations in the household and health sectors.

3. The Ministry of Commerce is responsible for the gasoline, gas, chemical, hazardous chemicals used in industrial production.

4. The Ministry of Science and Technology is responsible for the radioactive substance.

5. The Ministry of Natural Resources and Environment is responsible for the hazardous toxic chemicals left in categories, dangerous groups.

Item 2

DANGEROUS SHIPPING

What? 26. General Regulation

1. Organization, Vietnamese individuals and organizations, foreign individuals whose activities are related to the transport of dangerous goods on the railway must follow the provisions of the Railway Law and this decree.

2. Transport, stack, unloading, preservation of radioactive substances, industrial detonation materials on the railway, in addition to the implementation of the provisions of the Rail Law and the Protocol must also implement the other provisions of the relevant law.

3. The launch of the train, the ship ' s ship, cornered the ship during the dangerous shipping process to comply with the National Technical Regulation for rail mining.

4. Ministry of Defense, Ministry of Public Security, in coordination with the Ministry of Transport that regulates the dangerous transport of goods on the railway serving the purpose of defense, security.

What? 27. Dangerous cargo in the special case

The Prime Minister decides to transport dangerous goods on the railway in the following cases:

1. Service order requires department level, anti-pathology, disaster, disaster.

2. The transit line of the countries, the international organization that Vietnam is not a member of the International Convention with the States, the international organization.

What? 28. The condition of the dangerous shipping participant

1. Train operator, train station operator, ship chief, corkhead officer (chief cordon), motorcycle personnel, car staff, driver, driver, driver, vehicle driver, operator, operator, risk-loading In the stations, the depot must be trained under the provisions of the Ministry of Transport.

2. The person who applies dangerous goods, treasurer, coniers, unloading the danger at the store of the owner must be trained under the provisions of the regulatory authorities at Article 25 of this Decree.

What? 29.

1. The ranking, unloading, saving the hazardous inventory must carry out the arrangements, unloading, save the hazardous inventory according to the provisions of the Ministry of Transport and the regulatory authorities at Article 25 of this Decree.

2. The regulatory base of the Ministry of Transport, the regulatory bodies at Article 25 of this decree and the instructions of the transport tenant, who is in charge of the reception and organization of the dangerous cargo organization that determines the rating, the most dangerous family. There is no way to do that and direct the functions of the line, unloading the correct line.

Line-up, dangerous goods on the rail transport vehicle must follow the line of line. In general, dangerous goods are more likely to increase or create a higher risk of being placed together in the same wagon.

The planning of transporting a dangerous cargo ship must be carried out in accordance with the regulations of the type transport, the group.

3. Line up, unload the danger in the warehouse, the parking lot of the station, the shallow port must follow the manual of the treasurer. The regulatory base of the Ministry of Transport, the regulatory bodies at Article 25 of this decree and the instruction of the transport tenant, the manual treasurer, the monitoring of the line, unloading the dangerous goods in the warehouse, the beach and responsible for the time of the danger of saving. Warehouse, yard.

4. For the type, the most dangerous group of rules must be classified, unloaded, stored in a separate place, unloading, unloading, storage in private areas to ensure the safety of that order.

5. After taking all the dangerous goods out of the warehouse, the beach where the dangerous store is to be cleaned so not to affect other goods.

What? 30. Conditions for the dangerous shipping vehicle

In addition to having qualified regulatory conditions of the Rail Law, the dangerous shipping vehicle must also meet the following conditions:

1. Fit for the prescribed type of transport.

2. The dangerous cargo vehicle after unloading the dangerous goods if not continuing to transport the goods, the recipient is responsible for the organization's responsibility to the procedure at the specified site, which does not affect the railways and the sanitation.

The Ministry of Transport is chaired by the Ministry of Transport, in coordination with the regulatory authorities at Article 25 of this decree guiding the process and the cleanup of the vehicle transport vehicle after the payload is dangerous.

What? 31. The responsibility of the person directly involved transport of dangerous goods

1. The person who is directly involved in the transport of dangerous goods consists of a flight attendant, a train station operator, train chief, corvalman, motor operator, vehicle driver, driver of the dangerous transport vehicle.

2. In addition to the implementation of the provisions of the Rail Law and the relevant regulations in this Decree, the functional base, its mission, the person directly involved in the dangerous shipping is in charge of the following:

a) Permission to write in a license for the dangerous goods of the type, group, dangerous name stipulated to have a permit;

b) Perform the instructions in the notice of the dangerous transport tenant;

c) A hazardous commodity record includes shipping paper, line-up scheme and other relevant papers;

d) Regular guidance, monitoring of the rating, unloading on the vehicle, protect the dangerous goods during the transport process when there is no delivery person;

When there is an incident risk, threats to the safety of people, vehicles, environments, and other goods during transport, it is urgently to take limited measures or to exclude the harmful capabilities of the dangerous line; the editor, the report, reports. The nearest local People's Committee, and the relevant authorities. The case is beyond processing, it must be reported above and the tenant is dangerous to settle in time.

What? 32. The responsibility of the dangerous transport tenant

In addition to the implementation of the provisions of the Rail Law and the relevant regulations in this Decree, the dangerous transport tenant is also responsible for the following:

1. There is a license for dangerous goods issued by the authorities to the type, the group, the dangerous name stipulated that there must be a license for the dangerous goods.

2. Set up a dangerous deposit by regulation and delivery to the carrier before lining up to the vehicle, which notes: dangerous goods; code; type, group of dangerous goods; total mass; the type of packaging; number of sacks, packages; dates, where production; They and their names, the tenant addresses the dangerous goods; they and the name, the risk-receiving address.

3. Text-written notice to the commercial transport business on the requirements that must be done in the transport process; the direction of processing in the event of an incident is caused by a dangerous row, even in the case of a pressuer. It is responsible for the losses that arise due to delayed, accurate or unreasonable lack of information, documentation, and instructions.

4. The organization of loading on goods to the type, the dangerous group that the authorities stipulate at Article 25 of this decree stipulated that there must be a person to apply. The person who applies a dangerous charge has frequent instructions, supervising the line, unloading dangerous goods on the vehicle; the same ship chief and those involved in the cargo and timely processing when there is an incident in the transport process.

What? 33. The responsibility of the dangerous shipping business

In addition to implementing the regulation of the Rail Law and the relevant regulations in this Decree, the dangerous shipping business is also responsible for the following:

1. Just conduct the transport when there is a permit for the dangerous goods and the danger row has enough paperwork, packaged, labeled as specified.

2. Danger row check, secure transport safety.

3. Perform the instructions in the interpreter of the transport tenant and the written regulations in the license to the danger line.

4. Direct those directly involved in the dangerous shipping carrying out the regulation of dangerous shipping on the railway.

5. Buy insurance under the rule of law.

What? 34. The responsibility of the Local People ' s Commission when the incident occurred during the dangerous shipping process.

When it was announced that the incident occurred during the course of the operation in the railway, the nearest People's Committee was responsible for mobiling the force to make an effort to carry out the following work:

1. Save people, vehicles, dangerous goods.

2. Take the victim (if any) exit the area of the incident and hold the victim emergency.

3. Khoa region, evacuate the population from the pollution area, toxic simultaneously reporting the People's Committee on mobilizing the fire forces, the defense, the chamber, protecting the environment, promptly handling the incident, corrects the consequences.

4. Organization, deployment of the current security forces, protection of dangerous goods, vehicles to continue the transport and service of the investigation, resolve the consequences.

What? 35. Licensee Authority for dangerous goods

1. The dangerous level base of the type, group, name in the list of dangerous goods prescribed at Annex I with this decree, the regulatory agencies at paragraph 2 This is responsible for regulation of type, group, dangerous name that compel the driver to transport. Dangerous goods must have a permit for the dangers of transport on the railway.

2. The authority to grant licenses to the dangerous goods when transport on the railway is regulated as follows:

a) The Ministry of Public Security regulates the granting of licenses to the dangerous goods of categories 1, 2, 3, 4 and 9 stipulated at 1 Article 22 This decree;

b) The Ministry of Science and Technology regulates the granting of permits for the dangerous goods of the types of 5, 7 and 8 regulations at clause 1 Article 22 This decree;

c) The Ministry of Health regulates the granting of permits to the dangerous goods for toxic chemicals in the medical field and chemical extermination of insects, bacteriophagants used in the household field;

d) The Ministry of Agriculture and Rural Development regulates the granting of permits to the dangerous goods for plant protection medicines; and

The Ministry of Natural Resources and the Environment of Natural Resources regulates the granting of licenses to the dangerous goods of categories 6, 9 stipulated at 1 Article 22 of this decree.

What? 36.

1. The license to the danger line is provided by the authorities in paragraph 2 Article 35 This decree grants the tenant dangerous goods.

2. The primary content of the license for the danger row includes:

a) Name, address of the dangerous transport tenant;

b) Name, group, type, volume of dangerous goods;

c) The name of the station, the dangerous loading station;

d) Schedule, dangerous shipping times;

p) Note about the dangerous nature of dangerous goods (if any).

3. The regulatory bodies at Clause 2 Article 35 This decree rules the profile, sequence, procedure, deadline, and management, issuing a license to the danger line. The license template for the danger line must have sufficient content in paragraph 2 of this.

4. The license to the danger line is issued according to each shipment.

What? 37. Register of dangerous shipping cars and stations, dangerous loading stations and parking stations.

The business of carrying out dangerous goods on the railway must register vehicles that are eligible for dangerous shipping, stout, dangerous loading stations with regulatory agencies at Clause 2 Article 35 of this decree and perform the same registration.

Chapter VI

URBAN RAILWAY

What? 38. Urban standards are invested in building urban railways.

The municipality is invested in the construction of the urban railway that must fully meet the following standards:

1. Urban functions are political, economic, cultural, cultural, tourism, service, service, domestic and international relations that promote economic growth-the society of a territory, the country, or the country.

2. Non-agricultural labor rates in total labor accounted for 85% or more.

3. Population size from one million or more.

4. The average population density of 12,000 people per kilometer 2 Come on.

What? 39. Direct staff serve as urban railway train

1. The person who directly serves as an urban railway train includes: the driver of the operation; the driver; the staff of the service runs at the station; the personnel provide safety on the ship.

2. Urban railway drive:

In addition to the provisions at Clause 1, Clause 2 Article 47 Railway Law, for the commuter commuter railway, must ensure the following conditions:

a) There is a degree, certificate of the training of urban railway trains;

b) There is no more than 55-year-old for men and no more than 50 years of age for women; there is a certificate of sufficient health standards by the Department of Health;

c) Reaching urban rail driving.

3. Minister of Transport for the standard of planning the staff directly to the planned urban rail train at Clause 1 Article.

What? 40. National railway system safety certification

1. The urban railway when entering into the mining must have a system safety certificate.

2. Ministry of Transport issued a regulation on the safety of municipal rail systems and conditions, sequencing, certification of system safety certificates for urban rail.

Chapter VII.

THE RESPONSIBILITY OF THE MINISTRIES, THE INDUSTRY AND THE PEOPLE ' S COMMITTEE

DEPARTMENT OF ORDERLY CONDUCT, RAIL TRANSPORT

What? 41. Transport Ministry of Transport

1. Build a standard, standard, format of technical economics in the field of rail speciation to enact jurisdiction or state authority to have the authority to publish.

2. The standard regulation of the design facilities, new closure, repair, registration of equipment and rail transport; regulation and organization of registration, registration of rail transport.

3. Content regulation, training program, and conditions for the training facility for railway personnel functions directly to the train; the organization manages the training, the license level.

4. Inspector, check and dispose of the violation of the law in the rail operation under the rule of law.

5. Coordinate with the local People ' s Commission and ministries, the propaganda related, common, legal guidance on the rail line and the guarantee of order, safety of rail traffic; resolve, remediation of the incident, the rail traffic accident.

6. Coordinated with the Ministry of Public Security, which analysed the cause of serious and serious traffic accidents, which proposed effective measures to curb rail traffic accidents.

What? 42. Ministry of Public Security

1. The organization directed the security, orderly, safety of rail traffic.

2. Check out and sanctipate violations of security, order, safety of rail traffic.

3. Host the investigation, sanctiate rail traffic accidents; statistics, monitoring, analysis and the cause of the cause of rail traffic accidents; providing data on rail traffic accidents.

4. Host, in coordination with the Department of Transport for Regulation and Petition With Ministries, Industry, Provincial People's Committee to implement preventable measures, overcome the causes of railway traffic accidents.

5. directed the Central Transit Police Department-the railroad, the local security of the order to ensure order, safety of rail transport to the high-level leadership trains of the Party, State and International Client, special cargo ships.

What? 43. Ministry of Finance

1. Make sure the funding for management, maintenance of the infrastructure of the national railway by the State of Investment.

2. Make sure the funding for the order guarantees order, safety of rail traffic according to the level of Prime Minister approved on the basis of a proposal by the Ministry of Transport and Ministry of Public Security.

What? 44. Defense Department Responsibility

The commander of the military authority in coordination with the rail sector, the public security forces to ensure order, safety of rail traffic; strict approval of the regulation of order, safety of rail traffic in the transport of troops, vehicles, and gas. On the railway.

What? 45. The responsibility of the Ministry of Information and Communications

1. Build a propaganda plan, dissemine the law on regular rail lines, widely available to the entire population.

2. Command of the Central and Local press agencies regularly propagate, disseminacts the law on the railway, the people ' s mobiles to strictly regulate the law of order, safety of rail traffic.

3. The licensing of the licensing of advertising does not affect order, safety of rail traffic.

What? 46. Ministry of Education and Training

Chaired by the Ministry of Transport, the Ministry of Public Security selected the necessary content of order guarantees, safety of rail transport to disseminate, education for students, students in line with the discipline, education.

What? 47. The responsibility of the Provincial People ' s Commission

1. Directed and organize the propaganda, disseminalization of law on order, safety of rail traffic; conduct all necessary measures to establish order of order, safety of rail traffic; deliver to the district-level People 's Committee, the People' s Committee. The township is also responsible for the protection of local railway works.

2. There are plans and organizations to direct the release of unauthorized construction on the land for rail.

3. Command the People ' s Committee below where the railway is damaged by traffic accidents or disasters in coordination with the railway industry in time to resolve the consequences, restoring rail traffic.

What? 48. The responsibility of the mass information agencies

The Central and Local Information Agency has plans, programs, and propaganda specialization law on order, safety of rail traffic.

What? 49. New building planning or renovation of the work has an impact on the safety of railway works.

Ministries, peer agencies, government agencies, and the Provincial People's Committee when planning new construction or renovation of the work that affects the safety of rail work must be unified by the Ministry of Transport's text.

Chapter VIII

EXECUTION CLAUSE

What? 50. Define the timeline and the principle of work solving exists within the land range for the railway.

1. Define the timeline:

a) The work existed within the land for the railways prior to 1 September 1996, addressing the regulation of Protocol No. 120 /CP on August 12, 1963 of the Government Council enacted Charter Regulatory Regulation, railway limitation and order, safety of rail transport;

b) The work existed within the land for railways from 1 September 1996 to December 31, 2005, addressing the regulation of Decree No. 39 /CP on 5 July 1996 of the Government on the guarantee of order, safety of rail traffic;

a) The work existed within the land for the railway from 1 January 2006 onwards, addressing the provisions of the Rail Law.

2. The principle of resolution:

a) To take away all the damage to the safety of the railway, to the safety of the railway;

b) The tests have not directly affected the safety of the rail, safety of rail traffic, temporarily allowing the retention of the status quo but the owner must have a commitment to local government and business business. The structure of the railway infrastructure is undeveloped, undeveloped and carried out to unload the work immediately upon the request of the authority of the state governing body;

c) The compensation, the support of the unlifted work owner according to the rule of law.

What? 51.

This decree has the enforcement effect since April 15, 2015; the replacement of the Digital Protocol. 109 /2006/NĐ-CP September 22, 2006 of the Government rules the details and directions that enforce some of the provisions of the Railway Law and the Digital Protocol. 03 /2012/NĐ-CP January 19, 2012 by the Government on the amendment, adds a number of quantitative provisions. 109 /2006/NĐ-CP September 22, 2006 of the Government Regulation and Guide to some of the provisions of the Rail Law.

What? 52.

1. The Ministry of Transport is in the scope of the mission, the permissions assigned to the responsibility for regulatory regulation, the direction of the implementation of this Protocol.

2. The ministers, peer-to-peer authority, Head of the Government of the Government, Chairman of the People's Committee of the Provinces, the Central City of the Central Committee and the Head of the relevant authorities are responsible for the implementation of this decree.

TM. THE GOVERNMENT.

Prime Minister

(signed)

Dao Dung