DECREE

Modify, add some of the provisions of the Digital Protocol 109 /2006/NĐ-CP September 22, 2006

of the Government to regulate and guide the implementation of certain provisions of the Railway Law

____________________________

THE GOVERNMENT.

Government Law Base December 25, 2001;

Railway Law Base June 14, 2005;

On the recommendation of the Minister of Transport,

PROTOCOL:

What? 1. Modify, add some of the provisions 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 Rail Law.

1. Modified, add Article 1 as follows:

" Article 1. 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; urban railways; railway business; management, using financial resources for management, maintenance of the infrastructure of the railway. Exemption, ticket price reduction for social policy subject; vehicle-specific means of rail; the catalogue of dangerous goods and the transport of dangerous goods on the railways; the responsibility of the ministries, peer agencies, government agencies, and the People ' s Commission. The province, the central city of the Central Committee (later called the Provincial People's Committee) in order to ensure order, secure transportation of railways. . "

2. Modified, add paragraph 3, paragraph 4 Article 5 as follows:

" 3. The land for the railroad must be given to 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 Law came into effect on 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 period of no more than three months since the date was approved by the Provincial People ' s Commission, the project holder must be presided over, in coordination with the district-level People's Committee, the People's Committee of the People's Committee, where the railway work is publicly announced. The scope of the scope of the scope for the protection of the rail road safety corridor and the organization of the land-based index, the National Committee for the Committee of the People's Committee, which has railway construction, protection.

c) For the land devoted to the extraction of railways and dates prior to the date of the Railway Law effective January 1, 2006, business enterprise structure infrastructure is responsible for the following:

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 safe passage of the rail transport of the Provincial People's Committee, where the railway works are located. approval. On a period of no more than three months, since the date was approved by the Provincial People 's Commission where rail work approx the index of the index to plug the index, business enterprise structure 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 extent of the scope of the protection of the railway, the safety corridor of the railway, and the organization of the field, and the organization of the world ' s address, the address to the National People ' s Committee, where it ' s working. The railway manager, the guard.

4. The compensation, support, free discharge of the land for the railways is regulated as follows:

a) For the land devoted to the railway when upgrading, the renovation from the railway that is exploiting or building new since the day of the Rail Law came into effect on 1 January 2006:

-A sufficient case of funding, compensated for compensation, support, free discharge of land to build railway construction, land within the protection of rail and land in the scope of the safety corridor of rail traffic. The laws of the Iron Way and the law of the land.

-The case is not funding enough to make an immediate release of the land for the railways in accordance with the provisions of the railway law, and follow the following steps:

Step 1: Proposition of compensation, support, free discharge of land within the scope of the protection of the railway work under the provisions of the Rail Law. The case due to the narrow fact that the railway bridge protection is not enough as specified at the point b 4 Article 28 Railway Law, the scope of the horizontal rail protection is allowed by regulation at a point. No. 4 Article 28 Railroad Law, but there must be a necessary protection to ensure the safety of the railway bridge.

Step 2: Conversion of compensation, support, release of the surface to the ground within the scope of the safety corridor of the rail transport but outside the scope of the protection of the railway work under the following regulation:

Where land use affects the safety of the work, the safety of rail traffic or the operation of the railway work directly affecting life, the health of the land-using the land, the state administration of the railway, and the railway authority. Influence, if you have to recover the land, you recommend that the Committee of the People have the authority to decide to recover the land. The person with the land recovered is compensated, supported by the rule of law.

The land use case does not affect the safety of the work, the safety of rail traffic or the operation of the railway work that does not directly affect the life, the health of the land user, who is using the land that continues to use land. It is the right purpose of the state governing authority to allow but to make the right regulations on the safety of the building, safety of rail traffic.

Step 3: Proposition of compensation, support, free discharge of land within the scope of the protection of rail work, the scope of the safe passage of rail transport under the provisions of the Rail Law.

b) For the mining railways built prior to the date of the Railway Law effective January 1, 2006:

-Well, it's a good enough time to do that, in compensation, support, free liberation of land to build railway construction, land within the protection of rail, land within the scope of the safety corridor of rail traffic. The laws of the Iron Way and the law of the land.

-The case is not funding enough to make the reparation, support, and release of the ground for the railways in accordance with the provisions of the Rail Law, follow the following steps:

Step 1: Compensation, support, free release of land within the limits of the safety of the rail platform under the following regulation: 5 meters wide from the base of the road to the causeway, or from the top edge to the canal platform, or 3 meters from the vertical groove or the top groove of the road; 5.6 meters from the outer edge of the ray is out the same way for the undug, uncovered road. The scope of the horizontal rail bridge protection is determined by regulation at the point of a paragraph 4 Article 28 Railway Law.

For the land that lies beyond the safety of the railway platform by regulation above all the area only the safe passage of the railway traffic is treated as follows:

Where land use affects the safety of the work, the safety of rail traffic or the operation of the railway work directly affecting life, the health of the land-using the land, the state administration of the railway, and the railway authority. Influence, if you have to recover the land, you recommend that the Committee of the People have the authority to decide to recover the land. The person with the land recovered is compensated, supported by the rule of law.

The land use case does not affect the safety of the work, the safety of rail traffic or the operation of the railway work that does not directly affect the life, the health of the land user, who is using the land that continues to use land. It is the right purpose of the state governing authority to allow but to make the right regulations on the safety of the building, safety of rail traffic.

Step 2: Proposition of compensation, support, free discharge of land within the scope of the protection of rail work, the scope of the safe passage of rail transport under the provisions of the Rail Law.

c) Compensation, property support, land work upon soil recovery:

-For construction work before the scope of the rail work protection, rail traffic safety corridor is published under the rule of law, the owner of the work is compensated, supported by the return of land under the rule of land law.

-For construction work after the scope of the railway work protection, the rail traffic safety corridor is published under the rule of law, the owner of the work must be lifted and uncompensated, supported by the recovery of the land, except for the public. building is allowed to be built under regulation at Article 33 of the Rail Law. "

3. Add the point of e to paragraph 2 Article 7 as follows:

" e) 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. "

4. Additional Chapter Va after Chapter V as follows:

" Chapter Va

IRON RAIL SPECIALIST

Article 38a. Rail transport.

1. The railway dedicated to the railway that includes:

a) The specialized vehicles that move on the railways are used to transport people and supplies, the equipment that serves the industry of the railways.

b) The specialized machinery of driving on the railway used to save the hospital, rescue of railway traffic accidents; to test, enforce, protect, repair rail work and serve defense, security.

2. Equipment on the vehicle-specific vehicle:

a) The specialized vehicles that move on the railway used to transport people and supplies, the equipment serving the industry of the railways when mining, the operation on the railway must follow regulations at Article 43 of the Rail Law.

b) The Minister of Transport specifically regulates the category and safety assurance measures for the types of specialized machinery to save the institute, rescue of railway traffic accidents; to test, 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 train (black box). "

What? 2. Effect of execution

This decree has been in effect since 2 March 2012.

What? 3. Organization to execute

1. The Ministry of Transport is responsible for the implementation of this decree.

2. The ministers, the chief of the government, the Prime Minister of the Government, the Chairman of the People's Committee of the provinces, the Central City of the Central Committee, is responsible for the implementation of this decree.