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Decree 44/2006/nd-Cp: Regarding Sanctioning Administrative Violations In The Field Of Railway Transport

Original Language Title: Nghị định 44/2006/NĐ-CP: Về việc xử phạt vi phạm hành chính trong lĩnh vực giao thông vận tải đường sắt

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The DECREE about sanctioning administrative violations in the field of rail transportation _ _ _ _ _ _ _ _ _ _ _ _ _ _ the GOVERNMENT pursuant to the law on organization of the Government of 25 December 2001;
Pursuant to the law of railways on June 14, 2005;
Basing the Ordinance on administrative violations processing 2 July 2002;
Considering the recommendation of the Minister of transport, the DECREE chapter I GENERAL PROVISIONS article 1. Scope 1. This Decree the provisions sanctioning administrative violations in the field of railway transportation.
2. Administrative violations in the field of rail transport are the violations of the provisions of the law on rail transport due to the Organization, individuals make a way intentionally or unintentionally but not yet to the level of criminal responsibility and prejudice under the provisions of the law are sanctioned administrative offense , including: a) infringe regulations on railway infrastructure;
b) infringe regulations on rail transport;
c) violated the rules for railway staff direct service running;
d) infringe regulations on signals, rail traffic rules and ensuring the orderly, safe rail transportation;
DD) violated the rules of the railway business;
e) violate other rules related to rail transportation.
Article 2. Application object 1. Organization, Vietnam had individual administrative violations in the field of rail transportation were sanctioned administratively under the provisions of this Decree.
Organizations, foreign individuals have administrative violations in the field of railway transport on the territory of Vietnam also sanctioned under the provisions of this Decree. The case of the international treaties to which the Socialist Republic of Vietnam is a member otherwise with this Decree shall apply to the provisions of international treaties.
2. The minor sanctions have administrative violations in the field of railway transport carried under the provisions of article 7 of the Ordinance on handling administrative violations.
Article 3. Sanction guidelines 1. All administrative violations in the field of rail transport must be detected promptly and suspended immediately.
2. The sanctioning administrative violations in the field of rail transport must implement the provisions of the Ordinance on handling administrative violations, this Decree and must be conducted justly, promptly, thoroughly; any consequences caused by the violations must be fixed in accordance with the provisions of the law.
3. organizations and individuals just sentenced to administrative violations in the field of rail transportation when there are violations of the provisions of this Decree.
4. The sanctioning administrative violations in the field of transport by railway competent person specified in this decree made.
5. An administrative violations in the field of rail transport only sanctioned once.
A person who performs many of the administrative violations, the sanctioned about each violation; If sanctions are a fine shall be combined into a common penalties and sanctions authorities indicated a decision on sanctions.
Many people make an administrative violation, violators are sanctioned.
6. When sanctioning administrative violations must be based on the nature and extent of the violation, the identity of the infringer, the extenuating circumstances, aggravating the provisions of article 8 and article 9 of Ordinance on handling administrative violations and the provisions in this Decree to the decision form , the appropriate sanction measures.
7. no sanctioning administrative violations in the case in a situation of legitimate defence, urgent, unexpected events, force majeure or administrative violations while mental disease or other diseases do lose cognitive ability or the ability to control his behavior.
8. Apply additional sanctions, remedial measures must ensure railway transport safety, smoothly.
Article 4. Administrative sanctions 1. For each administrative violations in the field of rail transport is regulated in this Decree, organizations, personal offense suffered one of the sanctions: a) caution;
b) fine.
When applying the shape, the level of fines for a violation of specific administrative no aggravating or extenuating circumstances is the average of the frame of the fines prescribed for that behavior. The average of the frame of the fine is determined by dividing the total number of double the minimum level and maximum level of penalty framework; If the violation has extenuating circumstances, then the level of the fine may be reduced to lower than average, but not excessive reduction of minimum fine frame; If there are aggravating violations, the fine can rise up high above the average but not exceed the maximum level of fine frame.
2. Depending on the nature and extent of the violation, organizations, individuals with administrative violations can be applied one or the additional sanctions: a) deprived of the right to use the license, certificate of practice;
b) confiscated exhibits, the means used to administrative violations.

3. In addition to sanctions, additional sanctions specified in paragraph 1, item 2 of this article, the Organization, the individual administrative violations in the field of rail transport can be applied one or remedial measures specified in chapter II of this Decree.
Article 5. Time sanctioning administrative violations, the time limit is considered to be not yet sanctioned administrative violations in the field of railway transport 1. Time sanctioning administrative violations: a) time sanctioning administrative violations in the field of rail transportation is one year from the date the violation was done. If the above deadlines are not sanctioned but still apply remedial measures prescribed in this Decree;
b) within a period of one year, organizations, individuals continue to make administrative violations in the field of rail transport or willfully evading, obstructing the sanctions do not apply time limits defined in art. 1 of this article. Time the administrative sanctions to be reassessed since the time of the implementation of the new violation or termination acts impedes evading sanctions.
2. The time limit is considered to be not yet sanctioned administrative violations: the individual, the organization sanctioned administrative offense, if over one year from the date of decision done executive sanction or from the date of execution without sanction decision it shall be regarded as not yet sanctioned administrative offense.
Article 6. The responsibility of the competent person Who sanctions administrative sanctions authorities to properly sanction violations of, the right audience, in the right jurisdiction, proper law.
Article 7. The responsibility of the individual, the Organization has individual violations, organization of administrative violations in the field of rail transport must comply with the test requirements, decide the sanction of the competent person under the provisions of the law.
Article 8. Explanation of terms In this Decree, the terms below are interpreted as follows: 1. shade Slope is a system device to serve a mighty ship that when locomotives push train to the top of the slope, will conduct the cutting operation connect the wagon to the potential advantage of wagons of the Summit the slopes run on the road in Miami to pack.
2. launch the overwhelming advantage of the method is the kinetic energy of a mighty group to launch the wagon or wagons cluster on the road in Miami to pack.
3. Float is the method of taking advantage of the potential of the mighty vessel to drop carriages or wagons cluster manually run on the road in Miami to pack.
4. Cut the Barber is cutting method when the wagon cornered group clusters are shifting.
5. mode replies are mandatory regulations that set forth the coral, perform the indicated and the executor of the order, to return the right content received.
6. the Warning Level is reported in writing to the railway staff direct service running the ship concerned about unusual condition of the railway infrastructure, railway transportation and other necessary cases, accompanied by the measures taken to ensure safe running Board.
7. the limit Gauge adjacent to the railway architecture is about the space along the railroad running through the ship enough to not scratch.
Chapter II ADMINISTRATIVE VIOLATIONS, the form and the LEVEL of SANCTIONS ADMINISTRATIVE SANCTIONS 1. VIOLATION of RULES on RAILWAY INFRASTRUCTURE article 9. Violation of regulations on the protection of the railway works 1. 3 million to 5 million dong fine bronze for one of the following violations: a) pour water, toxic substances, waste substances up the railroad;
b) Poured Earth, rock or other material up unauthorized rail;
c) To flammable explosive within the land for the railroad;
d) obscure sign, signal, signal landmark of the railway works.
2. A fine of from 5 million to 10 million dong VND for one of the following violations: a) digging, taking the stones out of the scope of protection of railway works, the safe corridor railway traffic;
b) ruin, voluntarily fenced wall separating between rail and road; move or break the mold just about the protection of railway works, the mold just about the scope of the safe corridor railway traffic;
c) spoil, change, shifting the mold marks, signs, signals of the railway works;
d) used explosives, sand, gravel quarrying do weak, cracked, avalanche, breaking rail work, hampered rail traffic.
3. A fine of 10 million to 20 million dong VND for one of the following violations: a) arbitrarily opens the horizontal line, the construction of the flyover, the tunnel crawl, drain or other works through the railways;
b) arbitrarily drilling, digging, sawing railroad;
c) voluntarily, do move their Rails, sleepers, components, accessories, materials, the equipment, the information system of railway signals;
d) connect other rail national rail rules.
4. remedial measures: a) bring water, soil, rocks, toxic substances, waste substances and other materials out of the railroad for violations specified in point a, point b paragraph 1 of this article;
b) flammable, explosive out of the scope of the land for the railroad for violations specified in point c of paragraph 1 of this article;

b) Manually unload unauthorised works, restore original state has been changed due to administrative violations cause for violations specified in point d of paragraph 1 and paragraph 2, paragraph 3 of this article.
Article 10. Violation of construction regulations, resource extraction and other activities in the vicinity of the scope of protection of railway works 1. A fine from 1.000.000 VND to 3 million contract for the behavior not implemented measures to ensure the safety of railway construction and railway safety.
2. A fine of 3 million to 6 million dong VND for acts damaging the rail works. 
3. A fine of 10 million dong to 20 million VND for acts that cause traffic accidents.
4. remedial measures: a) made right measures to ensure safety of railway construction and railway safety for violations of the provisions of paragraph 1 of this article;
b) restores the original state of the railway works for violations of the provisions in paragraph 2 of this Article.
Article 11. Violation of regulations on the use and exploitation of the land for the railroad range 1. Caution or a fine from 100,000 to 200,000 Dong Dong for one of the following violations: a) land use in the protection of railway works, the safe corridor rail traffic into agricultural purposes do avalanche, subsidence, cracks, damaged rail works , hindering rail traffic;
b) In traffic safety corridor rail, 1.5 meters high on tree planting, planting trees in about 2 meters from the foot of the background of the road embankment, 5 metres from the edge of the roof of the road train or 3 metres from the outer edge along the trench, the trench lines of the Summit;
c) sale of goods, the market drop, cattle, cattle in the protection of railway works, the safe corridor railway traffic.
2. A fine from 1.000.000 VND to 3 million contract for one of the following violations: a) To facilities, materials, equipment, goods, waste substances, or other items in the scope of protection of railway works, the safe corridor railway traffic (except vehicles, equipment, materials, construction service repair of railway works);
b) tent, temporary buildings, temporary buildings illegally within other land for the railroad;
c) Set, hanging billboards, the other shielding material within the scope of the land for the railroad;
d) move to delay public works housing, tents, kiosks or deliberately delay the move interferes for the construction, renovation, extension and guarantee safety of railway work when there is a decision of the competent authority.
3. A fine of from 5 million to 10 million dong VND for home building acts, works solidly unauthorized within other land set aside for the railway.
4. additional sanctions and remedial measures: a) tight, invasive plants for violations specified in point a, point b paragraph 1 of this article;
b) confiscated vehicles, equipment, materials, goods and other items; forced to put waste substances out of the scope of protection of railway works, the safe corridors for rail traffic violations specified in point a of paragraph 2 of this Article;
c) Manually unload and move the tents, temporary buildings, temporary buildings illegally out of the range of other land for the railroad for violations specified in point b of paragraph 2 of this Article;
d) Manually unload and move the billboards, the other shielding animals out of the scope of the land for the railroad for violations specified in point c of paragraph 2 of this Article;
d) Manually unload and move the House, works of other unauthorized solidly out of range land for the railroad for violations of the provisions of paragraph 3 of this article.
Article 12. Violation of regulations of railway infrastructure 1. 5 million to 10 million dong fine copper for enterprise business rail infrastructure has one of the following violations: a) does not set the track record of weak pulse position capable of affecting the safety of railway traffic;
b) does not make the prescribed test mode;
c) Not detected or has detected that do not report the authority promptly the violations of the protection of railway works, the safe corridor railway traffic, in the scope of management;
d) To railway works are damaged without repair, remedy needed;
DD) organization is not timely corrected, supplemented, reinforced, replaced the damaged railway infrastructure to ensure quality under the command of speed, the load command has announced.
2. remedial measures: a) Set the track record of weak pulse position capable of affecting railway safety for violations of the provisions of art. 1 of this article;
b) made right measures to ensure safety of railway transportation as prescribed for the violation of the provisions in points b, c, d, e clause 1 of this article.
Article 13. Violation of rules of secure transportation to the railway when the railway construction 1. A fine from 1.000.000 VND to 3 million contract for one of the following violations: a) construction permit but not notified in writing to the unit to directly manage the railway works before construction;

b) Not enough safety equipment layout and signals according to the rules for vehicles, construction equipment;
c) Don't allow billboards, defensive signals, as a rule, do not take measures to ensure traffic safety when construction on the railway;
d) control means of railway equipment, when construction work without using, professional certificates as prescribed;
DD) For vehicles, construction equipment, obstruct, does not guarantee traffic safety regulations;
e) expiry of execution, execution continues without license renewals;
g) Not clear right to the material, construction equipment violates the limit gauge adjacent to the railway architecture when the time runs out the blockade to construction;
h) Not clear right the sea, temporary signage and other materials; do not hand over the complete profile for the business management of the railway infrastructure as the completion of the construction works;
I) Not notified in writing to the management unit for railway work when completed the construction.
2. A fine of 3 million VND 5 million dong to for one of the following violations: a) construction without a license, the license is not valid or does not properly specified in the licence by the competent authority;
b) Not promptly take measures to handle, measures to prevent accidents when the railway works under construction threatening the safe running of ships;
c) construction on the railroad are not tapping the full implementation of measures to ensure traffic safety in accordance to the accident railway traffic.
3. the remedial measures: immediate measures to ensure safety of railway transportation as prescribed for the violation of the provisions of paragraph 1, paragraph 2 of this Article.
Section 2 ADMINISTRATIVE SANCTION VIOLATIONS of PROVISIONS on RAIL TRANSPORT article 14. Breach of rules on conditions of rail transport 1. 3 million to 5 million dong fine bronze for one of the following violations: a) Put the media does not have a certificate of registration or no register certificate of quality standards, safety engineering and environmental protection under rules out running on the railway; except for the move to the new import media, media, media test run damaged take on the basis of repair, follow the legal process, the railroad;
b) Put self created to run on the railway.
2. additional sanctions: confiscated vehicles created for violations specified in point b of paragraph 1 of this article.
Article 15. Violating the regulations on information, instructions necessary for the railway transport 1. A fine from 500,000 Dong to 1.000.000 VND for one of the following violations: a) not write, not enough records, incorrect registration number, numbers and other symbols according to rules for rail transport;
b) on the wagons do not have tables listing and not informed by means of other information to passengers about the rules by train, the journey of the ship, named the station stop, parked on the road, how to handle the situation when the fire occurred, the incident.
2. remedial measures: a) proper attribution, record number, registration number, enough and the other symbols as specified for violations of the provisions of art. 1 of this article;
b) listing or notice by other means of information to passengers about the rules by train, the journey of the ship, named the station stop, parked on the road, how to handle the situation when the fire occurred, the incident for violations specified in point b of paragraph 1 of this article.
Article 16. Violation of rules of the braking device, the siege, the pair of locomotives, railway cars 1. 3 million to 5 million dong fine bronze for one of the following violations: a) On rail transport, not fitting the automatic braking equipment, hand brake or braking devices are not properly regulated;
b) emergency brake valve assembly Not on the cars and in the work of the head of the train;
c) does not check periodically and clamp the lead seal of the emergency brake valve;
d) Not mounted pressure gauges in the Chief's position and on a number of wagons according to regulations;
the first paired device) machines, wagons are not properly regulated.
2. remedial measures: a) Fitting the automatic braking equipment, hand brake as prescribed for violations of the provisions of art. 1 of this article;
b the emergency brake valve), pressure gauges in the Chief's position and on the wagon for the customers as prescribed offences specified in point b of this paragraph 1 d;
c Mounting the first paired device) air, wagon as prescribed for violations of the provisions of paragraph 1 of this article the DUS points.
Article 17. Violation of regulations of the equipment on the railway transport 1. A fine from 500,000 Dong to 1.000.000 VND for acts taken out passenger wagons without enough equipment or have but not working as prescribed.
2. A fine from 1.000.000 VND to 2 million contract for one of the following violations: a) do not have the equipment, tools and materials, fire, emergency, insertion tools, handheld signal boat on freighter;
b) no escape tools, equipment, instruments and materials, fire, emergency, insertion tools, instruments and ship the material to fix the simple, hand signals on board.

3. A fine of 3 million VND 5 million dong to for one of the following violations: a) Don't have the clock speed, the speed recording device and the information related to the running of ships (the black box), warning device to drive the ship awake while driving the train on top of the air wagons, motivation and means of motivation for railway use;
b) no device for measuring the speed of the vessel, equipment for communication between the ship and the captain steered the ship's position at the head of the ship under regulation.
4. remedial measures: a) supplements the equipment, tools and materials, fire, emergency, insertion tools, handheld signal boat on freighter for violations specified in point a of paragraph 2 of this Article;
b) supplements the exit tools, equipment, instruments and materials, fire, emergency, insertion tools, instruments and ship materials for the repair of simple, portable signal on the ship for violations specified in point b of paragraph 2 of this Article;
c) Insert the clock speed, the speed recording device and the information related to the running of ships (the black box), warning device to drive the ship awake while driving the train wagons, locomotives on the motivation and means of propulsion for rail use violations specified in point a of paragraph 3 of this article;
d) Insert the measurement speed of the vessel, equipment for communication between the ship and the captain steered the ship in the ship captain's position as prescribed for violations specified in point b of paragraph 3 of this article.
Section 3 ADMINISTRATIVE SANCTION VIOLATIONS of RULES for RAILWAY STAFF Article 18. Penalizing employees direct rail service runs the ship violated the rules on driving licences, ship by, professional certificates 1. A fine from 100,000 to 300,000 Council Council for working behaviour on board without using appropriate expertise, certification, no certificate of prescribed health standards.
2. A fine from 1.000.000 VND to 2 million VND to control behavior of railway transport which uses the ship's license expired or ship licence does not match the media controls.
3. A fine of 2 million to 4 million dong VND for use by professional certificates, fake, fake train driver license or no license to drive a boat.
4. additional sanctions: confiscated by, fake certificates, fake train driver licenses for violations of the provisions of paragraph 3 of this article.
Article 19. Sanctions for railway employees on duty on the ship, under the station, the management of railway infrastructure 1. Caution or a fine from 50,000 to 100,000 Dong copper for railway employees have one of the following violations: a) To go, standing, lying, sitting on the roof, swung out into the tracking of wagons, locomotives, the first two joints of wagons;
b) To vendors on board;
c) For people to come on Board found the rules;
d) To the up, down the train when the train is running.
2. A fine of 200,000 to 400,000 bronze copper for railway employees have one of the following violations: a) not tested, timely detection of tunnels, bridges, rail or has detected that no measure disposed according to the authority, does not report who has jurisdiction leads to loss of railway safety;
b) does not comply with the technical operation process causes slow ship.
3. A fine of from 500,000 Dong to 1.000.000 VND for the behavior to the goods on wagons too load regulation.
4. A fine from 1.000.000 VND to 3 million dong for violations of technical operation processes that cause loss of railway safety.
5. remedial measures: a) force violators to a safe location for the violations stipulated in art. 1 of this article;
b) pressed down from the means of the goods transported exceeding the load prescribed for violations of the provisions of paragraph 3 of this article.
Article 20. Sanctions for driving the train, the train driver side 1. A fine from 100,000 to 200,000 Dong Dong for steering and drive train has one of the following violations: a) left the position to drive the machine when the machine is in operation;
b) cargo no responsible or cargo on top of the machine.
2. A fine of 300,000 to 500,000 extra for brass bronze helm does not perform true coral, mode does not monitor the running speed of the vessel, did not observe signals, signage, signage to advise the boatman led to drive the ship to have one of the following violations: a) the incorrect stop regulating without good reason;
b) controls the train run exceed the stop signal;
c) control the speeding trains.
3. A fine of from 500,000 Dong to 1.000.000 VND for the boatman has one of the following violations: a) the incorrect stop regulating without good reason;
b) controls the train run exceed the stop signal;
c) controls the train too speed regulation from 5% to 10%.
4. A fine from 1.000.000 VND to 2 million VND for the steering controls of ships regulation speed run too from over 10% to 20%.
5. A fine of 2 million to 3 million contract from the contract with regard to steering controls the train speeding above 20%.
6. A fine of 3 million VND 5 million dong to for ship and ship controls that rail transport in the blood have an alcohol content in excess of 80miligam/100mililít or 40miligam/1lít blood flow or use other stimulants that the law prohibited.

7. additional sanctions and remedial measures: a) taking the goods out of the top of the machine for violations specified in point b of paragraph 1 of this article;
b) deprived of the right to use the license to drive the train from 90 days to 180 days for the ship violated the provisions in clause 3, clause 4, clause 5 and clause 6 of this Article;
c) Deprived the right to use the license to drive the train from 90 days to 180 days for the spare wheel (if licensed) violated the provisions in clause 6 of this Article.
Article 21. Violation of regulations on the use of the railway staff direct service train running fine from 1.000.000 VND to 2 million contract for the use of employees there, professional certification or license to match the position that the employee.
Article 22. Sanctioning training facilities staff titles direct rail service runs the ship violated regulations on training, degree, professional certificate 1. 3 million to 5 million dong fine bronze for one of the following violations: a) no warranties conditions, standards for training of railway staff titles directly serves the train runs under the provisions;
b) Not done right, the full admission rules, content, training, regulation, granted, in Exchange, professional certificates as specified.
2. A fine of from 5 million to 10 million dong VND for behavior training, professional certification, granted by permission of competent State agencies.
3. additional sanctions: a) deprived of the right to use the license by the competent State agencies from 90 days to 270 days for violations of the provisions of paragraph 1 of this article;
b) revoked by the professional certificate, granted permission for the violations stipulated in paragraph 2 of this Article.
Section 4 of ADMINISTRATIVE SANCTION VIOLATIONS of REGULATIONS on signals, RAIL TRAFFIC RULES and ENSURING the orderly, SAFE RAIL TRANSPORT Article 23. Violation of regulations on the prevention, recovery and troubleshooting, disaster accident, railway traffic 1. Caution or a fine from 100,000 to 500,000 VND VND for the acts know the accident occurred on the rail without notice or the notice not timely for the station, railway units, local authorities or the police where.
2. A fine of from 500,000 Dong to 1.000.000 VND for individual responsibility without timely detection of obstacles on a railway that affect safety or have discovered without timely notice, not defense or defence is not properly regulated.
3. A fine of 2 million to 3 million dong VND for the Organization, individuals are responsible for one of the following violations: a) does not offer or provide insufficient documents, physical evidence relating to the accident;
b) evade obligations as rescue-rescue;
c) When reports about rail accidents came not just the scene to solve;
d) Not promptly take measures to handle, measures to prevent accidents when discovered or received notification of the damaged railway works;
DD) Not promptly fix the fix, do not affect the running of ships;
e) interfere with the rail recovery after the accident occurred.
4. A fine of 3 million VND 5 million dong to the Organization, individuals with one of the following violations: a) intentionally changed, delete the trace at the scene of the accident;
b) taking advantage of the accident to infringe property, means of distress; lost order, hinder the handling of accidents;
c) Causing the accident that intentionally fled;
d) evading, not coordinated, does not accept the orders of the competent person in the remedial, restore rail traffic.
5. A fine of 15 million dong to 20 million VND for organizational management, rail business has one of the following violations: a) Not held prevention and timely redress consequences of incidents, disasters, accidents of railway traffic to ensure safe rail traffic , smoothly;
b) does not comply with the direction, Coordinator of the Organization's forces, against crashes, natural disasters, accidents and railway traffic as prescribed;
c) timely notification No incidents threatening the safety of ship and run the suspension ran for ship board directly runs the station ship at either end time zone where the incident occurred and the operating personnel of railway transportation;
d) does not suspend when saw the railway infrastructure at risk of losing safe running Board.
Article 24. Breach of rules on railway signal 1. A fine of 300,000 to 500,000 Dong Dong from for one of the following violations: a) is not, not true, do not maintain effective regulatory signage;
b) don't have enough signal or signals do not operate according to the regulations;
c) Not done improperly, the signal of the control participants run the ship.
2. remedial measures: a) Forced installation of the sea proper signal prescribed for violations of the provisions of art. 1 of this article;
b additional signal enough) and ensure correct operation signals prescribed for violations specified in point b of paragraph 1 of this article.
Article 25. Violation of regulations on establishment of train brake, test 1. A fine from 200,000 to 500,000 VND VND for the staff running the train, the train station running boards online has one of the following violations:

a) incorrect ship Set technical exploitation of the railway;
b) founded the ships have paired wagons not enough technical safety standards;
c) set the ships have pairing animal transport wagons, goods have the stench, flammable, explosive, toxic and other dangerous goods in the train.
2. A fine of from 500,000 Dong to 1.000.000 VND for users running boards the train station, head of the ship has one of the following violations: a) for ships that runs from the train station up the ship without sufficient brake pressure as specified;
b) For the train to run without the prescribed brake test.
Article 26. Violating the rules of fine copper 500,000 ships cornered up to 1.000.000 VND for steering controls automatic defragmentation, automatic defragmentation, staff Chief pairing of locomotives, wagons have one of the following violations: 1. For movement when not yet received plan to pack or the signal of the leader Pack.
2. Exceeding the speed Pack allows.
3. Automatic defragmentation, floating from the slope saw the wagon has "banned" and the other wagon as a rule not be cornered reporters or in the Terminal have rules banning reporters cornered.
4. Pack launched on the road with cars working techniques, are corrected, are folded, unloading, on slip roads in the area, on the road not yet fully or lighting when there is fog, rain, wind.
5. To avoid mold beyond wagons collided after each OWL cornered except special cases according to the regulations.
6. To locomotives, cars parked on the road, the road refuge when no command authority.
7. Mighty ships out of the station limits when the staff running the ship.
Article 27. Violation of rules of running the ship 1. A fine from 100,000 to 200,000 Dong Dong for users running boards Board, ship unsigned acts in existence based alerts.
2. A fine of from 500,000 Dong to 1.000.000 VND for the boatman for the ship backwards in the following cases: a) When fog, heavy rain, windy which do not confirm the signal;
b) when information is interrupted the ship that same afternoon trains;
c) time zone back in the train line closed automatically when no order;
d) ship please help;
DD) ships have pushed into the time machine and head back.
3. A fine of 2 million to 3 million contract from the Board for users running boards the train terminal, ship captains of ships for ship behavior run on time zones that do not yet have the wrestling credentials to run the ship.
4. additional sanctions: deprived of the right to use license 180 days for ship steering wheel accessories, there are violations of the provisions in paragraph 2, paragraph 3 of this article.
Article 28. Violating regulations on catch, sending the train until 2 million 1.000.000 fine copper for users running boards the train station when one of the following violations: 1. organizations welcome the ship on the road does not bar the exit without applying the prescribed safety measures.
2. Welcomes, in sending the wrong ship.
3. Send the ship without collecting the key record or not to apply the measures to control record.
Article 29. Violating the rules of observance of railway signals 1. A fine of 300,000 to 500,000 Dong Dong from for the boatman, head of a mighty pairing employees, rolling stock has one of the following violations: a) has confirmed the overwhelming indication but did not pull the whistle signal do replies;
b) When a mighty ship not done right the noisy signal regulation.
2. A fine of from 500,000 Dong to 1.000.000 VND for the boatman, head of the ship when the safety signal has not been received by the Board directly runs the train station or the person doing the tv signal for the train to run.
3. A fine from 1.000.000 VND to 2 million contract for the ship to have one of the following violations: a) control signal pass trains into the station, the station out in close the permission of the Commander running the train at the station;
b) does not stop the train when the train took over defensive guns and cannons firing defense normally;
c) continue to run when the ship received the signal to stop the train.
4. additional sanctions: deprived of the right to use the license to drive the train from 90 days to 180 days for the ship to have violations of the provisions of paragraph 3 of this article.
Article 30. Violation of rules of moderation runs fine from 1.000.000 VND to ship 2 million contract for the staff running the ship has one of the following violations: 1. Release the orders related to the running of ships not true authority.
2. No commands for users running boards the train timely warning level station to drive the ship.
3. No blockade of prescribed time zone to organize construction, repair of railway infrastructure, to organize the rescue ship run Institute, works on ship time zone need to blockade.
4. Not in time to play the regulating authority in order to cause slow trains, traffic jam.
Article 31. Violation of traffic rules in horizontal lines, bridges and tunnels, General 1. A fine from 50,000 to 100,000 Dong Dong for one of the following violations: a) bypass censorship GE ờng General CAU ngang when sure have closed;
b) does not comply with the instructions of the signalling system, or the instructions of the staff of the watch horizontal, General bridges, tunnel when going through th ờng horizontal, General bridges, tunnel.
2. A fine from 1.000.000 VND to 2 million contract for one of the following violations: a) the control of motor transport on road to ruin should definitely, definitely;
b) tracked control, vibration, iron transport, weight limit goes through oversized, horizontal lines without notifying management unit horizontal, not implemented security measures according to the instructions of the management unit of horizontal lines.

3. the remedial measures: Forcing restore original state has been changed due to the violation of the provisions in clause 2 of this cause.
Article 32. Violation of security regulations railway traffic 1. A fine from 50,000 to 100,000 Dong Dong for one of the acts in violation of the following: a) Away, standing, lying, sitting in rail tunnels except people who are on duty;
b) hurdles prevent between railways with the surrounding area;
c) To animals go through improper rail regulation to animal rail cars without drivers;
d) Away, standing, lying, sitting on the roof of railway cars, locomotives, steps up, down to the wagons; swing, hang, stand, sit either side of the wagons, locomotives, where the connection between the carriages, locomotives; open up, down the ship, put the head, hands, feet and other objects out of the wagon when the train is running, except for railway employees, police are on duty.
2. A fine from 100,000 to 200,000 Dong Dong for one of the following violations: a) the Exposed rubber, agricultural products, to the other items on the railway or the railway works;
b) To scattered soil, sand, the type of materials, other materials up to the railway.
3. A fine of 2 million to 3 million dong VND for one of the following violations: a) anchor marine transportation, rafts within range to protect the railway bridge;
b) To road transport violated the limit gauge adjacent to the railway architecture.
4. A fine of 3 million VND 5 million dong to for one of the following violations: a) prevented the running Board, arbitrary signal or use the equipment to stop the ship, unless the problem causing loss of railway safety;
b) railroad up barricades To impede rail transport.
5. A fine of from 5 million to 10 million dong VND for the behavior drop wood, stone or other items that cause accidents to ships or people to come on board.
6. remedial measures: a) the offense specified in point a, d paragraph 1 this position is defined according to the instructions of railway employees on duty on the ship;
b) marine transportation force, rafts out of the scope of protection of the railway bridge for violations specified in point a of paragraph 3 of this article;
c) Forced to put the media off the road traffic restrictions adjacent to railway architecture for violations specified in point b of paragraph 3 of this article;
d) Forcibly put rubber, farm produce, the other items out of the railroad or other railway buildings for violations specified in point a of paragraph 2 of this;
DD) pressed the soil, sand, obstacle, the type of materials, other materials out of the railroad for violations specified in point b of paragraph 2 and point b paragraph 4 of this Article.
Section 5 ADMINISTRATIVE SANCTION VIOLATIONS of the REGULATIONS of the RAILWAY BUSINESS Article 33. Breach of the conditions of business fines from 2 million to 4 million dong VND for rail business enterprise does not guarantee the condition of the railway business under the provisions of the law.
Article 34. Breach of rules on railway transport business 1. A fine from 1.000.000 VND to 2 million contract for the hire of goods transport, the business of railway transport when one of the following violations: a) the transport of the body, remains the rules;
b) transporting dangerous goods rules;
c) carriage of live animals, wildlife rules.
2. A fine of from 5 million to 10 million dong VND for business railway transport business as having one of the following violations: a) does not make the special transport duties at the request of the head of the State Agency has the authority under the provisions of the law;
b) Not done right transport regulations, super important.
3. the remedial measures: Take the body, remains, live animals, wild animals, dangerous goods down the ship, out of the station to handle prescribed for violations of the provisions of paragraph 1 of this article.
Article 35. Breach of do, using fake train tickets and train tickets sold 1. A fine from 1.000.000 VND to 2 million contract for one of the following violations: a) ticket sales staff of the station, ticket sales staff on board, the train ticket sales agents sell train tickets the rules;
b) Buy, sell train tickets aim to profit.
2. A fine of from 5 million to 10 million dong VND for one of the following violations: a fake train ticket);
b) fake train ticket shipping;
c fake train ticket Sales).
3. additional sanctions: a) the whole of seizure of the existing train ticket for violations specified in point b of paragraph 1 of this article;
b) confiscated the entire instrument, equipment, means of transport, machinery and selling fake train ticket and all the fake train ticket for violation of the provisions in paragraph 2 of this Article.
Section 6 ADMINISTRATIVE SANCTION VIOLATIONS RELATED to RAIL TRANSPORT Article 36. Breach of other provisions that are related to security, order, safety of railway transport 1. A fine from 50,000 to 100,000 Dong Dong for one of the following violations: a) vendors on board, under ga;
b the executive regulations) not to take the train.
2. A fine from 100,000 to 200,000 Council Board for throwing behavior soil, rock or other material on or from on board the ship down when running.

3. A fine of 300,000 to 500,000 Dong Dong for one of the following violations: a) disrupting order, safety on board, under ga;
b) threatened to infringe, violate the health, property of passengers and rail staff are on duty;
c) bring the animal disease, wild animals on the station, on board;
d) carrying the body, remains, flammable, explosive, weapons on the station, on the rules.
4. remedial measures: Take the body, bones, animal disease, wild animals, flammable, explosive, weapons, ships out terminal to handle prescribed for violations of the provisions in points c, d paragraph 3 of this article.
Article 37. Sanction offending acts impedes or give money to the person on duty 1. A fine from 500,000 Dong to 1.000.000 VND for one of the following violations: a) obstruct the inspection, control of the implementation of the public service;
b) give money, property or other material benefits to the person on duty in order to evade the handling of administrative violations but not to the level of prejudice to criminal responsibility.
2. additional sanctions: confiscate the whole money, property or other material benefits for violations specified in point b of paragraph 1 of this article.
Chapter III jurisdiction, sequence, PROCEDURE for SANCTIONING of ADMINISTRATIVE VIOLATIONS to article 38. Principle of determining the jurisdiction of sanctioning administrative violations 1. The authority sanctioning administrative violations as stipulated in this Decree is the authority to apply for an administrative violation. In this case apply form a fine, sanction authority is determined based on the maximum level of penalty framework prescribed for each specific violations.
2. In the case of a sanction people who perform many of the administrative violations, the right to sanction is determined according to the following rules: a) If form, the sanction is prescribed for each administrative violations are under the jurisdiction of the sanction, the sanction Authority still belongs to that person;
b) If form, the sanction is prescribed for one of the acts beyond jurisdiction of the sanction, then that person must transfer the violations to the authority to sanction;
c) in the case of administrative violation under the jurisdiction of many sanctions, the sanctions by accepting the first made. If the administrative violation under sanctions by many people in different fields, the right to sanction people's Committee Chairman in the authority sanctioning the site violated.
Article 39. Delineate the jurisdiction of administrative sanction the violation of railway transportation 1. The people's Committee Chairman level has the right to sanction for the violation of the provisions of this Decree in the scope of local management.
2. the people's police force has the right to sanction for violation of security, order, safety in railway operation is regulated in this Decree.
3. Inspection of railway traffic has the right to sanction for the violation of the provisions of this Decree.
4. Inspection of local transportation (inspection) has the right to sanction for the violation of the provisions of this decree with regard to rail, rail connection with ray not specialized national railway; sanctions the violation of the safe corridors, rail transport, the protection of railway works for the national railway.
Article 40. The authority sanction of the President of the people's Committee of the people's Committee Chairman granted the level of sanctions for violations of the provisions of this Decree within the management of the local jurisdiction as follows: 1. the people's Committee Chairman granted the town reserves : a) caution;
b) a fine of up to 500,000;
c) confiscated exhibits, the means used to administrative violations worth up to 500,000;
d) enforce remedial measures due to administrative violations caused.
2. President of the district-level people's committees have the right to: a) caution;
b) a fine of up to 20 million VND;
c) Deprived the right to use the license, certificate of practice in the jurisdiction;
d) confiscated exhibits, the means used to administrative violations;
DD) enforce remedial measures due to administrative violations caused.
3. The Chairman of the provincial people's Committee has the right to: a) caution;
b) a fine of up to 20 million dong for violations of regulations on the management and protection of the railway works; up to 70 million contract for violations of regulations on order, safety of railway transport;
c) Deprived the right to use the license, certificate of practice in the jurisdiction;
d) confiscated exhibits, the means used to administrative violations;
DD) enforce remedial measures due to administrative violations caused.
Article 41. The authority sanction of the people's public security people's police force sanction for violations of the provisions of this decree by the authority are as follows: 1. the people's public security soldiers are on duty have the right: a) caution;
b) a fine of up to 100,000 dong.
2. The captain, the Chief of the Stations specified in paragraph 1 of this article has the right to: a) caution;
b) a fine of up to 200,000.
3. Police social applies the authority sanctioning administrative violations stipulates in paragraph 1 to article 40 of this Decree.

4. Police district level have the right to: a) caution;
b) fines up to 10 million;
c) Deprived the right to use the license, certificate of practice in the jurisdiction;
d) confiscated exhibits, the means used to administrative violations;
DD) enforce remedial measures due to administrative violations caused.
5. The Chief of traffic police, head of the police administration of social order, the Chief of police in provincial public security order, the head of the police unit the maneuver from the company over the independent nature of activities has the right to: a) caution;
b) fines up to 10 million;
c) Deprived the right to use the license, certificate of practice in the jurisdiction;
d) confiscated exhibits, the means used to administrative violations;
DD) enforce remedial measures due to administrative violations caused.
6. the Director of the provincial public security has the right to: a) caution;
b) a fine of up to 20 million VND;
c) Deprived the right to use the license, certificate of practice in the jurisdiction;
d) confiscated exhibits, the means used to administrative violations;
DD) enforce remedial measures due to administrative violations caused.
7. the Director of the Police Department of rail-road traffic, Director of police administration of social order have the right to: a) caution;
b) a fine of up to 20 million dong for violations of regulations on the management and protection of the railway works; up to 70 million contract for violations of regulations on order, safety of railway transport;
c) Deprived the right to use the license, certificate of practice in the jurisdiction;
d) confiscated exhibits, the means used to administrative violations;
DD) enforce remedial measures due to administrative violations caused.
Article 42. The authority sanctioning of Transportation Inspector 1. Inspectors are on duty have the right: a) caution;
b) a fine of up to 200,000;
c) confiscated exhibits, the means used to administrative violations worth up to 2 million;
d) enforce remedial measures due to administrative violations caused.
2. The Chief Inspector of the Department-level professions have the right to: a) caution;
b) a fine of up to 20 million VND;
c) Deprived the right to use the license, certificate of practice in the jurisdiction;
d) confiscated exhibits, the means used to administrative violations;
DD) enforce remedial measures due to administrative violations caused.
3. The Chief Justice Inspector of railway specialized transportation Ministry have the right to: a) caution;
b) a fine of up to 20 million dong for violations of regulations on the management and protection of the railway works; up to 70 million contract for violations of regulations on order, safety of railway transport;
c) Deprived the right to use the license, certificate of practice in the jurisdiction;
d) confiscated exhibits, the means used to administrative violations;
DD) enforce remedial measures due to administrative violations caused.
43 things. Order and procedure of sanction order, the procedure of administrative punishment of violations in the field of rail transport must comply with the provisions of Chapter VI Ordinance handling administrative violations and Chapter IV of Decree No. 134/2003/ND-CP on November 14, 2003 detailing the Government's implementation of some articles of the Ordinance on handling administrative violations in 2002.
Article 44. Measures of custody evidence, means of administrative violations in the case should prevent timely administrative violations or to secure the sanctioning administrative violations, the punishment authorized under the provisions of this decree can hold exhibits, means of administrative violation according to the provisions of article 46 and paragraph 3 to article 57 of the Ordinance treats administrative violations.
Article 45. Accept the decision on administrative sanctions 1. Personally, the organization sanctioned administrative violations in the field of rail transport must accept the punishment decision issued within 10 days from the date of delivery of the decision to sanction, unless the law otherwise.
2. Individuals, organized administrative violations in the field of rail transportation were applied to fine form filed at the fine fine record in charge decided to sanction or fine directly to decide sanctions prescribed by law.
3. the time limits specified in paragraph 1 of this article that the individual, the organization sanctioned administrative offense not voluntarily obey the sanction decision comply.
Article 46. Coercive enforcement of the decision of the administrative sanctions 1. Personally, the administrative organization of the sanctioned that the Executive decided voluntarily not to sanction coercive enforcement, according to the provisions of article 66 of the Ordinance on handling administrative violations.
2. When applying coercive measures to enforce the decision sanctioning administrative violations, the Agency and the competent person must comply with the order, coercive procedures as stipulated in Decree No. 37/2005/ND-CP dated 18 March 2005 of the Government regulating the procedure of applying coercive measures to enforce the decision sanctioning administrative violations.
Chapter IV COMPLAINTS, accusations, reward and HANDLE breach of article 47. Complaints, accusations

1. Individuals, organizations sanctioned administrative offense or their legal representatives have the right to complain about the decision sanctioning administrative violations, decided to apply the preventive measures according to the provisions of the Ordinance on handling administrative violations.
2. All citizens have the right to denounce the administrative violations in the field of railway transportation of individuals, organizations and the abuses of authority sanctioning administrative violations with the competent State bodies.
3. The petitioner for the decision sanctioning administrative violations, decided to adopt preventive measures to be taken according to the provisions of the law on the procedure of resolving administrative cases.
Article 48. Rewards and handle breach 1. Individuals, organizations have the merits in the fight, against administrative violations in the field of rail transport be rewarded according to the provisions of the law on competition, reward.
2. Who has the authority to sanction administrative violations specified in article 40, article 41, article 42 of this decree that harassment, tolerate, cover, does not sanction or sanctions is not timely, not proper punishments beyond the authority depending on the nature and extent of the violation, must be disciplined or suffer prejudice criminal liability; If the damage is compensated according to the provisions of the law.
3. Persons sentenced to administrative violations in the field of railway transport which have prevented acts, against people on duty or using deceptive tricks, bribes to evade the inspection, control or sanctioning administrative violations of the duty depends on the nature , the level of violation of administrative sanctions or be arrested save for criminal liability; If the damage is compensated according to the provisions of the law.
Chapter V PROVISIONS to ENFORCE Article 49. Effective enforcement of this Decree has effect after 15 days from the date the Gazette; replace chapter VI of Decree 39/CP dated 11 July 1996 from the Government about ensuring safe order rail transport was amended and supplemented by Decree No. 76/1998/ND-CP on September 26, 1998 by the Government.
Article 50. Implementation the Minister of transport is responsible for guiding and organizing the implementation of this Decree.
Article 51. Responsibility of Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of the provincial people's Committee, the central cities is responsible for the implementation of this Decree.