Scientific commentary on the criminal code Volume 7 - Dinh Van Que

Two documents on the Ministry

assigned to the Department of Roads

Vietnam owner

maintain

Research and draft for the Ministry to submit to the Government for promulgation and implementation of Article 26 of the Ordinance.

Maybe you are interested!

2/ Regarding the management of the scope of traffic works protection:

The situation of encroachment on the protection corridor of traffic works and acts of violation of traffic works are happening very seriously. Specialized Departments, Vietnam Railway Union, and Departments of Transport need to have measures to strengthen the management of the protection area of traffic works.

While waiting for new State regulations, units shall base on the following documents to manage the protection scope of traffic works:

+ Resolution

Decree 203/HDBT dated December 21, 1982 of the Council of Ministers

Chief

(now the Government) on Road Protection Regulations and Decision 06/CT dated

03/01/1990 of Owner 203/HDBT.

Chairman of the Council of Ministers

head about

implement the Resolution

determine

+ Decree 120/CP dated August 12, 1962 of the Government on the Regulations regulating the scope of railway limits and railway traffic safety and order;

Only

market

116/TTg dated November 23, 1992 of the Prime Minister

Prime Minister and Circular

Instruction 131/CP dated March 13, 1993 of the Ministry of Transport on management and ensuring order and safety of railway traffic.

+ Decision 1286/GTTB dated July 17, 1989 on Regulations on protection of inland waterways.

For traffic routes that have been approved by competent State agencies for renovation, expansion and upgrading, the Ministry requires central and local traffic management units to coordinate with relevant Departments, Branches and authorities at all levels to publicize.

set up boundary markers for people to know and implement in order to strictly enforce

amend Articles 6, 13, 14 of the Ordinance.

3/ Regarding the management of construction permits, use and exploitation within the protection range of traffic works:

Specialized Departments, Vietnam Railway Union, and Departments of Transport need to strictly manage the licensing of construction cases.

build, history

use and exploitation within the protected area

traffic works;

granting licenses for large-sized and heavy-duty vehicles operating on public roads; granting licenses for road excavation and the cases specified in Article 21 of the Ordinance.

4/ On quality management of maintenance and repair of traffic works

Information:

This is the top priority in preserving and protecting traffic works.

In order to effectively direct this task, units need to have measures in place.

Traffic management units from central to local levels must

Jointly responsible for accidents caused by the quality of traffic works that do not ensure technical safety to strictly implement Article 15 of the Ordinance.

5/ Clearing land for road expansion and upgrading

Information:

This work is extremely complex and is a major challenge in improving

To create, expand and upgrade roads, traffic management and construction units must coordinate with authorities at all levels, relevant agencies, departments and branches to implement Article 19 of the Ordinance.

6/ On inspection, examination and handling of encroachment and

encroachment on traffic works:

Specialized Departments, Vietnam Railway Union, and Departments of Transport shall strengthen inspection and control work and coordinate with relevant agencies, seek the assistance of authorities at all levels to strictly handle acts of encroachment and violations of traffic works as prescribed in Articles 18, 19, 20, 21, and 22 of the Ordinance.

7/ On perfecting the organizational system of units managing the protection of traffic works:

Specialized Departments, Vietnam Railway Union, and Departments of Transport continue to research and improve the organizational system of units.

Management and protection of specialized or specialized traffic works

local scope according to Article 27 of the Ordinance.

8/ Regarding funding for traffic works protection:

Article 5 of the Ordinance stipulates that the State shall ensure funding and conditions for the maintenance and repair of traffic works constructed by land.

budgetary resources. Department of Planning and Investment, specialized Departments, Union

Vietnam Railways needs to review cost plan for protection work

traffic works to be submitted to the Ministry and the State for approval; Departments of Transport

Transport construction cost plan for traffic protection work

Notification to submit to the People's Committee of the province or centrally-run city for approval.

9/ Regarding fees for using traffic works:

review and approve

Traffic works have been allowed to collect fees by the Government, Ministry

Request units to strengthen inspection of fee collection work and take measures

The law should improve and rectify this work as prescribed in Article 19 of the Ordinance.

10/ On the organization of the Traffic Construction Protection Inspectorate (abbreviated as Traffic Inspectorate).

While waiting for the document fully regulating the organization and operation of the Traffic Inspectorate, the Departments of Transport and specialized Departments, on the basis of the current Traffic Inspectorate force, will consolidate the team of Inspectors to ensure the implementation of the tasks, functions and powers of the Traffic Inspectorate as stipulated in Article 29 of the Ordinance.

Here are some

mission

In the immediate future, the Ministry requests the

Unit to implement this Decree.

III- IMPLEMENTATION ORGANIZATION:

1/ Set

Transportation topic

proposal

People's Committees of provinces and cities

direct

The Central Government, the Ministry of Home Affairs, the Ministry of National Defense and relevant State agencies coordinate and create conditions for traffic works management units to properly implement the Ordinance on Traffic Works Protection.

The Ministry of Transport requests that the media assist in disseminating and widely propagating this Ordinance.

2/ Specialized Departments, Vietnam Railway Union, and Departments of Transport need to appoint 1 leader to directly direct the dissemination and implementation of the above-mentioned tasks to implement the Ordinance.

3/ Implementation time:

+ Step 1: Dissemination and propaganda of the Ordinance must be completed.

before April 30, 1995 as stated in Section I of this Directive.

+ Step 2: Units need to carry out a number of tasks such as

stated in Section II above to implement this Ordinance and report the results.

implement on the Ministry.

In the process of implementing the Ordinance, if there are any difficulties, the units must promptly report to the Ministry for consideration and resolution.

The Ministry assigns the responsibility to the Department of Legal Affairs - Transport to monitor the implementation of the Ordinance by units and synthesize the situation to report to the Ministry and the State.

Require heads of units to strictly implement this directive.

DECREE

(EXCERPT)

OF THE GOVERNMENT NO. 39/CP DATED JULY 5, 1996 ON ENSURING ORDER AND SAFETY OF RAILWAY TRAFFIC

GOVERNMENT

Pursuant to the Law on Organization of the Government dated September 30, 1992;

Based on 1994;

Protection Ordinance

traffic works December 2

Pursuant to the Ordinance on the Vietnam People's Police Force dated January 28, 1989 and the Ordinance amending Article 6 of the Ordinance on the Vietnam People's Police Force dated July 6, 1995;

1995;

Base

Decree of trial

administrative violation on July 6, 2011

At the request of the Minister of Transport, the Minister of Home Affairs, the Minister of Justice,

DECREE:

CHAPTER I

GENERAL PROVISIONS

Article 1.-

1. This Decree regulates railway traffic order and safety.

to ensure the safety of people, vehicles and property of the State and people;

2. This Decree applies to vehicle users and public

railway traffic works, people operating within the protected area of railway traffic works;

3. Special railways have their own regulations.

Article 2.- The terms used in this Decree are construed as follows :

1. Railway traffic works include: roadbed, road surface architecture, bridges, culverts, tunnels, embankments, retaining walls, station areas, signal information systems and other auxiliary equipment works;

2. The station area is a complex of works including: station, station square, platform, station track, warehouse and other equipment;

3. Railway vehicles include: locomotives, carriages and specialized equipment operating on railways;

4. Railway workers are people who work in the railway industry.

including: manager, controller, mode

create, repair, use

use the

railway vehicles, equipment, construction works and railway construction workers;

5. A level crossing is where a railway and a road intersect on the same level;

6. A shared bridge is a bridge with a common surface for both railway and road vehicles;

7. The railway structure clearance is the space along the railway line that is large enough for a train to pass without being hit.

Article 3.-

1. Mechanism

State agency, organization

economic organization

social organization, military unit

The site and all individuals are responsible for strictly complying with the provisions of this Decree.

2. Foreign organizations and individuals operating and residing in Vietnam must comply with the provisions of this Decree.

Article 4.- The Vietnam Fatherland Front and its member organizations , within the scope of their tasks and powers, are responsible for participating in educating the people and supervising the implementation of regulations on railway traffic order and safety.

Article 5.-

1. All violations of railway traffic order and safety must be detected promptly and handled strictly and in accordance with the law.

2. Officials on duty for railway traffic order and safety who do not fulfill their responsibilities, harass or cause trouble must be strictly handled according to the law.

Article 6.- Handling of railway traffic accidents must be

comply with the following regulations:

1. The station master, train master or railway vehicle operator is primarily responsible for promptly rescuing the victim and reporting to the nearest police and local authorities to deal with the consequences and carry out all necessary procedures in accordance with the provisions of law;

2. The person present at the scene of the accident has the responsibility and the right to request the driver of the road vehicle to take the injured person to the emergency room. The person who shirks the responsibility to help the victim will be

be handled according to current law. People who take advantage of accidents

Appropriating the victim's property, State property, inciting, causing pressure to hinder the settlement of consequences will be handled according to law;

3. The People's Committee of the locality where the accident occurs is responsible for proactively coordinating with the police force, the railway sector and other relevant agencies and organizations to protect the property of the victims, state property, and resolve the consequences to quickly restore railway traffic.

In case of an accident scene that directly affects

Train operators must promptly remove victims and obstacles from the limited gauge adjacent to the railway structure to continue running the train.

CHAPTER II

RESPONSIBILITIES OF MINISTRIES AND ORGANIZATIONS

MINISTRY, ORGANIZATIONAL OFFICIALS

GOVERNMENT OFFICIAL

AND COMMITTEE

PEOPLE'S COMMITTEE OF PROVINCE AND CITY

STREET

DIRECTLY BELONGS TO CENTRAL

RETURN

ENSURING ORDER AND SECURITY

RAIL TRAFFIC

Article 7.- The Ministry of Transport is responsible for :

1. Issue standards, procedures, regulations and technical and economic norms of the industry under its authority to ensure the transportation of passengers.

customers and goods are safe;

2. Regulate conditions and standards for facilities that design, build, repair, and inspect railway equipment and vehicles; 3. Organize and manage training, grant certificates, driver's licenses, and professional certificates to railway employees;

4. Organize, direct and inspect the operation of the Inspection system.

railway traffic; handling administrative violations according to authority for

administrative violations of traffic safety assurance

railway traffic and railway traffic order and safety;

5. Coordinate with the Ministry of Home Affairs to analyze the causes and handle railway traffic accidents.

Article 8.- The Ministry of Home Affairs is responsible for :

1. Organize and direct the work of protecting order and traffic safety on roads.

iron;

2. Check, monitor and handle violations of order and safety

rail transport;

3. Preside over, investigate and handle railway traffic accidents;

4. Preside over and coordinate with the Ministry of Transport to prescribe and recommend to ministries, branches, People's Committees of provinces and centrally-run cities to implement measures to prevent and overcome the causes of railway traffic accidents.

Article 9.- The Ministry of Finance is responsible for :

1. Ensure funding for work to ensure order and safety of railway traffic at the request of the Ministry of Transport, the Ministry of Home Affairs and the People's Committees of provinces and centrally-run cities with railways passing through, approved by the Government;

2. Preside over and coordinate with the Ministry of Transport and the Ministry of Home Affairs to direct financial agencies at all levels to organize the collection of administrative fines for violations of railway traffic order and safety in accordance with the characteristics of the railway industry's operations;

Unify the issuance and management of documents for collecting fines for administrative violations of railway traffic order and safety;

3. Organize inspection and control of the management and use of collected fines in accordance with regulations.

Article 10.- The Ministry of National Defense is responsible for directing military agencies at all levels to coordinate with the Railway sector and the police force to protect order and safety of railway traffic, strictly comply with regulations on order and safety of railway traffic in the transportation of troops, vehicles and equipment on railways.

Article 11.- The Ministry of Culture and Information is responsible for directing agencies

Central and local press and information culture regularly propagate

Disseminate, popularize and encourage people to strictly comply with laws on railway traffic order and safety.

Article 12.-

The muscles

China Radio and Television

central and local

The local authorities are responsible for promoting order and safety of railway traffic, without charging fees.

Article 13.- The Ministry of Education and Training is responsible for presiding over and coordinating with the Ministry of Transport and the Ministry of Home Affairs to compile legal textbooks on railway traffic order and safety and include them in the curriculum in schools.

Article 14.- People's Committees of provinces and centrally-run cities are responsible for :

1. Organize the dissemination and popularization of laws on railway traffic order and safety; take all necessary measures to establish railway traffic order and safety; assign the People's Committees of districts (counties), People's Committees of communes (wards) where railways run through to be responsible for protecting local railway traffic works.

2. Have a plan and organize to direct the clearance of illegal constructions within the safety limits of railway traffic works;

3. Direct the People's Committees at all levels where railways are damaged due to traffic accidents or natural disasters to coordinate with the railway industry to promptly resolve the consequences and restore traffic.

The local People's Committee where the railway accident occurred, together with the nearest station chief, shall coordinate with the police force to organize first aid for the injured, carry out legal procedures, and organize the burial of the deceased. If the victim is a foreigner, the authorities must be contacted immediately.

Foreign Affairs

provincial or municipal level

to solve

according to the instructions of relevant ministries and branches.

People's Committee of province, city

directly under the Central

exchange

Agree with the Ministry of Transport on opening certain roads where people often have to cross the railway and must install markers and signs on the road to guide people across the railway.

Article 15.- Ministries, ministerial - level agencies, Government agencies and People's Committees of provinces and centrally-run cities when making planning

New construction or renovation of buildings that affect the safety of the

Railway traffic works must be approved in writing by the Ministry of Transport.

CHAPTER III

ENSURING RAILWAY TRAFFIC WORKS SAFETY

Article 16.- The scope of ensuring safety of railway traffic works includes the limits on the ground, underground, underwater and in the air related to the safety of works and safety of railway traffic operations.

Article 17.- The safety limit of the railway bed is 5m from the foot of the roadbed for embankment or from the top edge for cut roadbed or 3m from the foot of the longitudinal ditch or the foot of the top ditch of the road .

For unfilled, uncut roadbed, it is 5.6m from the outer edge of the outermost rail outwards.

Article 18.- The safety limit range for railway overhead is 7.5m from the top of the rail upwards in the vertical direction .

Article 19.- The safety limits of railway bridges are prescribed as follows :

1. Along the length of the railway bed from the protective signal post on this side of the bridge to the protective signal post on the other side of the bridge;

Bridges without protective signal posts are 50m from the end of the bridge abutment to each side.

2. Horizontal direction of the bridge: The area adjacent to the outermost bridge of the bridge structure outwards on each side:

from point

- For overpasses in the city, the distance from the outermost railing to each side is 5m.

- For small bridges under 20m long, it is 20m;

- For medium-sized bridges from 20m to under 60m long, it is 50m;

- For large bridges from 60m to 300m long, it is 100m;

- For large bridges over 300m long, it is 150m.