Chương III Nghị định 100/2019/NĐ-CP: Hành vi vi phạm, hình thức, mức xử phạt và biện pháp khắc phục hậu quả vi phạm hành chính trong lĩnh vực giao thông đường sắt

Chapter III

VIOLATIONS, PENALTIES, FINES, AND REMEDIAL MEASURES FOR RAIL TRANSPORT OFFENCES

Section 1. VIOLATIONS AGAINST REGULATIONS ON RAILWAY SIGNALS, RAILWAY RULES, AND RAILWAY SAFETY

Article 39. Penalties for violations regarding installation of signaling systems and devices at railroad crossings and road-rail bridges; connection between traffic lights and lights installed at railroad crossings and road-rail bridges; provision of safety information at junction between railways and roads

1. A fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed upon the organization responsible for railway infrastructure management, operation, and maintenance that commits any of the following violations:

a) Failure to provide adequate safety information to execute tasks at safety signaling positions;

b) Failure to provide adequate equipment serving safety signally as per the law.

2. A fine ranging from VND 6,000,000 to VND 8,000,000 shall be imposed on a national railway infrastructure company, an organization assigned to manage and maintain national railway infrastructure or an owner of specialized railway with road-rail bridges that commits any of following violations:

a) Failure to establish means of communication between stations at 2 ends of bridges to ensure coherent and safe traffic as per the law;

b) Failure to establish road and rail connection at road-rail bridges under management of the company as per the law.

3. A fine ranging from VND 8,000,000 to VND 10,000,000 shall be imposed on an organization assigned to manage, utilize and maintain road infrastructure, a railway infrastructure company, an organization assigned to manage and maintain national railway infrastructure or an owner of specialized railway that commits any of following violations:

a) Failure to adequately install and maintain normal operation of signaling systems, signals and equipment at level-crossings and road-rail bridges, failure to organize safety measures as per the law;

b) Failure to report promptly, failure to cooperate with competent agencies regulating traffic to ensure safe traffic at level crossings when traffic lights situated on road section of the level crossings under management are damaged;

c) Failure to issue policies on reporting and maintaining signal connection systems under management as per the law;

d) Failure to prepare plans for construction and maintenance of structures and equipment of signal connection systems under management as per the law.

4. Apart from the penalties, the organization assigned to manage, utilize and maintain road infrastructure that commits the violation specified in Point a Clause 3 of this Article shall be compelled to adequately install and maintain signaling systems and devices and implementing safety measures at railroad crossings as prescribed.

Article 40. Penalties for violations against regulations on inspection and repair of coaches, train assembly and brake testing

1. A fine ranging from VND 300,000 to VND 500,000 shall be imposed upon the inspector that:

a) Fails to inspect and repair inbound and outbound trains or inadequately inspects and repairs inbound and outbound trains;

b) Repairs coaches on the rail in a station without implementing safety measures as per the law;

c) Allows a car unsatisfactory to national technical regulations on technical and environmental safety connects with the train;

d) Fails to detect or repair damage to the coaches and thus causes train delay.

2. A fine ranging from VND 500,000 to VND 1,000,000 shall be imposed upon a train dispatcher or traffic controller who assembles a train against national technical regulations on rail operation.

3. A fine ranging from VND 1,000,000 to VND 2,000,000 shall be imposed upon a train dispatcher or traffic controller that:

a) Assembles a train that includes a car unsatisfactory to national technical regulations on technical and environment safety, unless the vehicle is put to test or damaged vehicle is brought back to facility for repair;

b) Assembles cargo coaches that contain animals, stinky goods, flammable/explosive substances, hazardous substances, or other dangerous goods into a passenger train.

4. A fine ranging from VND 2,000,000 to VND 3,000,000 shall be imposed upon a traffic controller, train captain, train driver, or train inspector that:

a) Allows a train without sufficient brake pressure to run from the assembly station to another station that requires brake testing;

b) Allows a train to run without brake testing.

5. A fine of VND 3,000,000 to VND 4,000,000 shall be imposed upon a rail transport enterprise, railway infrastructure enterprise or owner of specialized railway that commits any of the following violations:

a) The rail transport enterprises failing to regulate contents and titles in charge of technical inspection as per the law;

b) Railway infrastructure enterprises and owners of specialized railway failing to regulate location for technical inspection of the train and failing to supervise the technical inspection as per the law.

6. A fine ranging from VND 4,000,000 to VND 5,000,000 shall be imposed on an organization assigned to repair, manage and utilize railway vehicles which lacks adequate and necessary technical equipment, components and materials to prepare, examine and maintain railway vehicles at locomotive station and rail car repair stations as per the law.

7. Apart from incurring penalties, the person that commits any of the violations specified in Clause 4 of this Article shall be compelled to carry out brake testing as prescribed.

Article 41. Penalties for violations against regulations on shunting

1. A fine ranging from VND 500,000 to VND 1,000,000 shall be imposed upon the driver of the shunter, shunting commander or worker that:

a) Allows the locomotive to move before receiving a shunting plan or signal from the shunting commander;

b) Exceeds the permissible shunting limit;

c) Kicks or drops a coach marked “No kicking”, or in a station where kicking is prohibited;

d) Kicks a coach to a track where another coach is under repair or loading; kicks a coach to a track in the rail section or a track where lighting is insufficient, or in a foggy or storming whether;

dd) Lets the coach pass the safety mark after shunting, except for prescribed special cases;

e) Leaves a locomotive or coach on a safety track without order from a competent person;

g) Place chokes on the rail where prohibited;

h) Carries out shunting before the coaches are connected as prescribed;

i) Leaves unclassified and coaches on the station rail in the rail section or separate track without connecting them or applying the brakes at the ends of the consists or choking properly.

2. A fine ranging from VND 1,000,000 to VND 1,500,000 shall be imposed upon the train driver or shunting commander who shunts the train beyond the station perimeter.

3. A fine ranging from VND 1,500,000 to VND 2,000,000 shall be imposed upon a train dispatcher or traffic controller that:

a) Leaves cars carrying dangerous commodities (flammable and explosive substances) disconnected from the train and separated from one another, choked improperly, situated on other than a separate track or indicated with mobile “stop” signals after shunting;

b) Fails to switch rails that are leading to cars containing dangerous commodities (explosives and flammable substances) to other routes.

4. Apart from incurring penalties, following remedial measures shall also be adopted:

a) The violation(s) specified in Point a Clause 3 of this Article shall lead to repositioning of cars containing dangerous commodities (explosives and flammable substances in accordance with regulations and law on shunting;

b) The violation(s) specified in Point b Clause 3 of this Article shall lead to repositioning of rails to lead to other routes in accordance with regulations and law on shunting.

Article 42. Penalties for violations against regulations on train operation

1. A fine ranging from VND 200,000 to VND 400,000 shall be imposed upon the operators, captains and vices in charge of passenger safety of passenger trains, or traffic controllers who fail to sign the warning.

2. A fine ranging from VND 400,000 to VND 500,000 shall be imposed upon the train drivers, train captains, vices, traffic controllers, train inspectors or accompanying technicians who fail to perform brake test, fully specify details or sign the certification of brake functionality as prescribed.

3. A fine ranging from VND 1,000,000 to VND 3,000,000 shall be imposed upon the train driver that:

a) Reverses the train in a foggy or stormy weather without receiving signals;

b) Reverses the train while the signal transmission is interrupted while another train in the same direction is running behind;

c) Reverses the train in the rail section without orders;

d) Runs or reverses the train without permission after a distress signal has been sent;

dd) Reverses the train when is pushed by a locomotive to the rail section.

4. A fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed upon a traffic controller, train captain, train driver, or switchman that:

a) Traffic controller, driver and captain allowing the trains to enter rails connecting 2 stations without obtaining permission to do so;

b) Traffic controller and switchman allowing unauthorized persons to perform their tasks without permission.

5. Apart from incurring fines, a vehicle operator that commits any of the violations specified in Clause 3 and Point a Clause 4 of this Article shall also have his/her driving license suspended from 1 month to 3 months.

Article 43. Penalties for violations against regulations on receiving and sending trains

1. A fine ranging from VND 200,000 to VND 400,000 shall be imposed upon a rail worker that commits any of the following violations on guard duty:

a) Failure to receive or send inbound and outbound trains while on watch at the station, switch, crossing, road-rail bridge, or while patrolling a bridge or road, or failure to do so properly, except for violations specified in Clauses 2, 3 and 4 of this Article;

b) Failure to record every telegram while on watch at the station;

c) Failure to record sufficient information about the times when trains pass by while on watch at the station, crossing, or road-rail bridge.

2. A fine ranging from VND 500,000 to VND 1,000,000 shall be imposed upon the traffic controller allows the train to park before the entrance signal post without acceptable explanation.

3. A fine ranging from VND 1,000,000 to VND 2,000,000 shall be imposed upon the flagman at the crossing or road-rail bridge that fails to erect the barrier on time.

4. A fine ranging from VND 2,000,000 to VND 4,000,000 shall be imposed upon the traffic controller that commits any of the following violations:

a) Failure to take safety measures when a train is approaching;

b) Mistaking the trains;

c) Receiving or sending a train without taking the switch key or lock the switch;

d) Allows a train to enter a rail section without notifying the flagman or persons watching road-rail bridges as prescribed;

dd) Allowing other railway vehicles to take over main rail in the stations, unless in case of force majeure (dodging, overtaking, shunting, coupling, evacuation and rescue);

e) Failure to inform traffic controllers about stations of arrival and stations of departure, train dispatchers about train number, actual time of arrival and departure and crossing when the trains arrive, depart and cross the stations as per the law;

g) Failure to examine and confirm whether shunting or coupling may have influenced and obstructed tracks for receiving and sending trains as per the law.

Article 44. Penalties for violations against regulations on observance of railway signals

1. A fine ranging VND 300,000 to VND 500,000 shall be imposed upon the train driver, shunting commander or worker that commits any of the following violations:

a) Failure to respond to shunting signals by blowing the train whistle;

b) Failure to send appropriate signals while shunting.

2. A fine ranging from VND 500,000 to VND 1,000,000 shall be imposed on flagman and persons watching road-rail bridges for failing to regulate traffic when barriers are down, lighting signals are not functioning or improperly functioning.

3. A fine to VND 2,000,000 to VND 3,000,000 shall be imposed upon the train driver or train captain that:

a) The train driver or captain who allows the train to run without receiving a safety signal from the traffic controller or the signaling employee;

b) The train driver who drives the train pass the signals to enter or leave a closed station without permission from the chief traffic controller;

c) The train driver who fails to stop the train when it reaches the protective flare and the flare sets off ;

d) The train driver who keeps the train running after receiving the stop signal.

4. Apart from incurring fines, a vehicle operator that commits any of the violations specified in Points b, c and d Clause 3 of this Article shall also have his/her driving license suspended from 1 month to 3 months.

Article 45. Penalties for violations against regulations on development and publication of maximum load order, maximum speed order and timetable

1. A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed on a rail transport enterprise who fails to publicize or inadequately publicize timetable as per the law.

2. A fine ranging from VND 10,000,000 to VND 15,000,000 shall be imposed upon a national rail infrastructure enterprise that commits any of the following violations:

a) Failure to adequately publicize timetable on mass media and website of the enterprise as per the law;

b) Failure to publicize maximum load order and maximum speed order on website of the enterprise as per the law.

3. A fine ranging from VND 15,000,000 to VND 20,000,000 shall be imposed on a national rail infrastructure enterprise who fails to adequately satisfy work items specified in the maximum load order, maximum speed order and timetable as per the law.

Article 46. Penalties for violations against regulations on train dispatching

1. A fine ranging from VND 200,000 to VND 400,000 shall be imposed upon the train dispatcher that fails to check the adherence to the timetable and train assembly plan.

2. A fine of VND 2,000,000 to VND 3,000,000 shall be imposed upon the train dispatcher that commits any of the following violations:

a) Sending train orders ultra vires;

b) Failure to order the traffic controller to send warnings to the train driver in time;

c) Failure to order the blockade of a rail section to execute construction or repair railway infrastructure; sending a rescue train or building train to the section that need blocking;

d) Causing train delay or traffic congestion due to late transmission of orders.

3. A fine ranging from VND 3,000,000 to VND 4,000,000 shall be imposed upon the train dispatcher who fails to warn train driver, train captain, or traffic controller as per the law.

Article 47. Penalties for violations against regulations traffic at railroad crossings, road-rail bridges, and tunnels

1. A fine ranging from VND 60,000 to VND 100,000 shall be imposed on any pedestrian who trespasses the barrier of the crossing or road-rail bridge when barrier is moving or has closed or the light has turned red; disobeys the signals, signs, road markings, or instructions of the flagman when going through the crossing or road-rail bridge, or tunnel.

2. A fine ranging from VND 80,000 to VND 100,000 shall be imposed on any bicycle, motored bicycle, or non-motorized vehicle operator that disobeys the signals, signs, or road markings when going through the crossing or road-rail bridge.

3. A fine ranging from VND 100,000 to VND 200,000 shall be imposed upon any bicycle, motored bicycle, non-motorized vehicle operator that stops or parks within crossing length; trespasses the barrier of the crossing or road-rail bridge while the barrier is moving or when the light has turned red; disobeys the signals or instructions of the flagman when going through the crossing or road-rail bridge.

4. A fine ranging from VND 200,000 to VND 300,000 shall be imposed upon any motorcycle and moped operator (including electric motorcycles) who stops or parks within the length of the crossing or road-rail bridge, or disobeys the signals, signs, or road markings when going through the crossing or road-rail bridge.

5. A fine ranging from VND 600,000 to VND 1,000,000 shall be imposed upon any motorcycle and moped operator (including electric motorcycles) that trespasses the barrier of the crossing or road-rail bridge while the barrier is moving or when the light has turned red; disobeys the signals or instructions of the flagman when going through the crossing or road-rail bridge.

6. A fine ranging from VND 800,000 to VND 1,000,000 shall be imposed upon any operator of a car, tractor or heavy-duty vehicle who stops parks or makes an u-turn within the length of the crossing or road-rail bridge; disobeys the signals, signs, or road markings when going through the crossing or road-rail bridge.

7. A fine ranging from VND 1,000,000 to VND 2,000,000 shall be imposed upon any operator of a tractor or heavy-duty vehicle who trespasses the barrier of the crossing or road-rail bridge while the barrier is moving or when the light has turned red; disobeys the signals or instructions of the flagman when going through the crossing or road-rail bridge.

8. A fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed upon any operator of a car or car-like vehicle who trespasses the barrier of the crossing or road-rail bridge while the barrier is moving or when the light has turned red; disobeys the signals or instructions of the flagman when going through the crossing or road-rail bridge.

9. A fine ranging from VND 5,000,000 to VND 7,000,000 shall be imposed upon any operator of a road vehicle who:

a) Damages the barrier or other equipment at the crossing or road-rail bridge while operating the motor vehicle;

b) Drives a tracked vehicle, iron-wheel road roller, transporter of oversized cargo or cargo exceeding the dimensional limit across the crossing without notifying the crossing management unit, or without taking safety measures properly.

10. Apart from incurring fines, persons committing violations specified in Clauses 5, 7, 8 and 9 of this Article shall also have their driving license (in case of motor vehicles) or certificates of training in traffic rules (in case of heavy-duty vehicle) from 1 month to 3 months.

11. Apart from incurring the penalties, the vehicle operator who commits any of the violations specified in Clause 9 of this Article shall be compelled to repair the damage caused by the violation.

Article 48. Penalties for violations against regulations on prevention and settlement of railway accidents

1. A warning or a fine ranging from VND 100,000 to VND 200,000 shall be imposed upon the individual that fails to report railway accident, behavior or incident potentially obstructing or rendering rail transport unsafe to the nearest train station, railway authority, local authority, or police station.

2. A fine ranging from VND 1,000,000 to VND 2,000,000 shall be imposed upon the responsible individual who fails to discover incidents or obstacles on the railway that threaten the rail transport safety, or fails to report them or take protective measures properly.

3. A fine ranging from VND 2,000,000 to VND 3,000,000 shall be imposed upon the responsible individual who fails compile initial documents about the accident; fails to report the railway accident relevant entities as prescribed.

4. A fine ranging from VND 3,000,000 to VND 4,000,000 shall be imposed upon an individual, from VND 6,000,000 to VND 8,000,000 upon an organization that commits any of the following violations:

a) Failure to provide adequate documents and evidence relating to railway accidents; failure to transfer initial documents on the accidents as per the law;

b) Failure to perform rescue duty while capable;

c) Failure to be present at the crash scene of a railway accident when informed or when requested for cooperation and assistance;

d) Failure to take measures for preventing railway accidents when discovering or informed of damage to a railway work;

dd) Failure to resolve the issues affecting the train operation;

e) Obstructing the restoration of the railway when an accident happens.

5. A fine ranging from VND 6,000,000 to VND 8,000,000 shall be imposed upon any person:

a) Changing the crash scene;

b) Taking advantage of the railway accident to appropriate property or vehicle involved in the accident; disturbing, obstructing the handling of the railway accident;

c) Failure to report to a competent authority after causing a railway accident;

d) Failure to cooperate or disobeying orders of competent persons or authorities for repair of damage and restoration of rail transport.

6. A fine ranging from VND 8,000,000 to VND 12,000,000 shall be imposed upon a rail infrastructure enterprise, urban railway enterprise or specialized railway enterprise that commits any of the following violations:

a) Failure to establish a rescue body or analysis body upon railway accidents as per the law;

b) Failure to store documents on railway accidents, failure to regularly update figures of railway accidents as per the law;

c) Failure to specify responsibilities of units participating in national railway in dealing with railway accidents, failure to publicize address and phone number of relevant organizations and individuals to enable handling railway accidents as per the law.

7. A fine ranging from VND 15,000,000 to VND 20,000,000 shall be imposed upon the rail transport enterprise that commits any of the following violations:

a) Failure to develop and implement measures to prevent and remediate railway accidents to ensure safe and continuous rail transport;

b) Failure to obey direction of the organization in charge of preventing and handling railway accidents;

c) Failure to report threats to train operation and suspension of train operation to the traffic controllers at two ends of the rail section where the threat is found, or to the rail transport operators;

d) Failure to suspend train operation when the rail infrastructure is found threatening train operation safety;

dd) Failure to establish response and rescue teams to deal with railway accidents.

Article 49. Penalties for violations against regulations on railway safety assurance

1. A fine ranging from VND 300,000 to VND 500,000 shall be imposed upon any person:

a) Walking, standing, lying, sitting or conducting other activities on railways, on bridges and tunnels solely for rail transport, other than railway personnel and competent agencies on duty;

b) Trespassing the fences or walls that separate the railway from the surrounding;

c) Taking animals across the railway at inappropriate positions, or leaving animals to pull a vehicle across the railway without a rider;

d) Walking, standing, lying, sitting or conducting other activities on the roof of the coach, locomotive, steps; hanging, standing, sitting on the sides of the coach, locomotive, or connector; opening the train doors; poking the head, arm, leg, or other stuff out the coach when the train is running, except for railway personnel and competent agencies on duty;

dd) Placing farm produce and other objects on the railway line or other railway works;

e) Spilling debris or other materials on the railway line.

2. A fine ranging from VND 2,000,000 to VND 3,000,000 shall be imposed upon any person:

a) Anchoring a ship, boat, other watercraft or object within the safety perimeter of the railway bridge;

b) Placing a road vehicle, equipment, materials, or cargo in the railway clearance, except for the violations specified in Point b Clause 3 of this Article.

3. A fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed upon any person:

a) Obstructing the train operation; arbitrarily using signals or equipment to stop the train, unless a threat to railway safety is found;

b) Placing obstacles on the railway line;

c) Opening closed barriers on purpose.

4. A fine ranging from VND 5,000,000 to VND 8,000,000 shall be imposed upon an individual, from VND 10,000,000 to VND 16,000,000 upon an organization which owns electricity or telecommunication structure that commits any of the following violations:

a) Failure to adopt measures to ensure railway structure safety and rail transport safety in case the electricity or telecommunication structure is situated within safety perimeter of the railway work and railway safety corridor;

b) Failure to adopt safety measures thus causing the electricity structure or power lines to disturb railway information and signaling systems;

c) Failure to adopt measures to ensure safety of railway equipment, structure and rail transport in case the power lines are met with accidents or downed within safety perimeter of the railway work and railway safety corridor;

5. A fine ranging from 5,000,000 to VND 10,000,000 shall be imposed upon any individual who drops wood, stones, or other objects causing a railway accident.

6. A fine ranging from VND 10,000,000 to VND 15,000,000 shall be imposed on a national railway infrastructure company, an organization assigned to manage and maintain national railway infrastructure or an entity managing and utilizing specialized crossing that fails to assign personnel to guard the crossings under management as per the law.

7. A fine ranging from VND 15,000,000 to VND 20,000,000 shall be imposed upon a national rail infrastructure enterprise that commits any of the following violations:

a) Failure to adopt technical solutions to ensure rail transport safety during utilization and trade of railway infrastructure with respect to routes permitted to use slopes steeper than limited gradient;

b) Failure to develop safety measures to enable passengers to get on and get off trains in stations with platforms that have not been upgraded or renovated.

8. Apart from the fines, the violator shall also be compelled to:

a) The violation(s) specified in Point a Clause 1 of this Article shall lead to removal from the railway, bridges and tunnels used solely for rail transport;

b) The violation(s) specified in Point dd Clause 1 of this Article shall lead to removal of farm produce and other objects from the railway line or other railway works;

c) The violation(s) specified in Point e Clause 1, Point b Clause 3 of this Article shall lead to removal of debris, obstacles, and other materials from the railway lines;

d) The violation(s) specified in Point a Clause 2 of this Article shall lead to removal of ships, boats, other watercrafts or objects from the safety perimeter of the railway bridges;

dd) The violation(s) specified in Point b Clause 2 of this Article shall lead to removal of road vehicles, equipment, materials and cargoes from the railway clearance;

e) The violation(s) specified in Clause 4 of this Article shall lead to adoption of measures to ensure railway safety;

Article 50. Penalties for violations against regulations on management of urban railway safety assurance

1. A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed upon an urban rail enterprise that commits any of the following violations:

a) Bringing urban railway into operation without certificates of verification of safety dossier of urban railway system as per the law;

b) Bringing urban railway into operation without periodic certificates of operation safety management system for urban railway that are valid or issued by competent agencies.

2. Apart from incurring penalties, urban railway enterprises committing violation(s) specified in Clause1 of this Article shall also be suspended from railway operation from 1 month to 3 months.

Section 2. VIOLATIONS AGAINST REGULATIONS ON RAILWAY INFRASTRUCTURE

Article 51. Penalties for violations against regulations on protection of railway works

1. A fine ranging from VND 300,000 to VND 500,000 shall be imposed upon any individual who dumps garbage on the railway or dropping domestic waste from the train to the railway.

2. A fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed upon an individual, from VND 6,000,000 to VND 10,000,000 upon an organization that commits any of the following violations:

a) Dumping or allowing toxic substances and wastes on railway or releasing wastes that have not been certified in terms of environmental hygiene on railway;

b) Dumping debris, other materials on the railway or dropping them from the train to the railway in transit;

c) Leaving flammable substances or explosives in safety perimeter of the railway work and railway safety corridor;

d) Obstructing rail transport signals;

dd) Damaging the railway drainage system;

e) Illegally placing concrete, wood, steel, or other materials within the railway or within safety perimeter of the railway work;

g) Pumping or releasing water or other liquid thus flooding the track ballast, impacting drainage capacity of railway drainage system or affecting railway structure quality and safety.

3. A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed upon an individual, from VND 10,000,000 to VND 20,000,000 upon an organization that commits any of the following violations:

a) Digging, extracting, piling earth, stone or other materials within the perimeter of the railway work or the railway safety corridor;

b) Illegally damaging or dismantling walls and barriers separating railway from the surrounding areas; illegally displacing, destroying or removing railway station markers, markers of land areas for rail transport, fences which are used for concealing improvised pathways and pillars for restricting improvised pathways;

c) Damaging, changing, moving the signs, landmarks, or signals of railway works.

4. A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed upon an individual, from VND 20,000,000 to VND 40,000,000 upon an organization that commits any of the following violations:

a) Creating improvised pathways across railway;

b) Illegally drilling, digging or cutting the railway;

c) Illegally dismantling or displacing the rails, sleepers, parts, components, supplies, and equipment of the railway signaling system;

d) Illegally extending telecommunication or power lines, constructing bridges, overpasses, tunnels, underpasses, sewers, electric poles, utility poles, water transmission and distribution system, pipes for water supply and drainage, telecommunication works (including structures serving national defense and security) across the railway or within land area for rail transport.

5. A fine ranging from VND 20,000,000 to VND 25,000,000 shall be imposed on an individual and from VND 40,000,000 to VND 50,000,000 on an organization that uses explosive or extracts stones, sand, or gravel causing the railway work to subside, crack, or blocking rail transport;

6. Apart from incurring penalties, following remedial measures shall also be adopted:

a) The violation(s) specified in Clause 1; Point a, Point b Clause 2 of this Article shall lead to removal of debris, hazardous substances, waste, and other materials from the railway;

b) The violation(s) specified in Point c Clause 2 of this Article shall lead to removal of flammable or explosive substances from the land area for rail transport;

c) The violation(s) specified in Point d Clause 2 shall lead to removal of objects that block the signs, landmarks, or signals of the railway work;

d) The violation(s) specified in Point dd Clause 2 of this Article shall lead to restoration to original condition of railway drainage system prior to the administrative violations;

dd) The violation(s) specified in Point e Clause 2 of this Article shall lead to removal of concrete, wood, steel, or other materials from the safety perimeter of the railway work;

e) The violation(s) specified in Point g Clause 2; Clause 3; Points a, b and c Clause 4; Clause 5 of this Article shall lead to restoration to original conditions prior to the administrative violations;

g) The violation(s) specified in Point d Clause 4 of this Article shall lead to deconstruction of constructions illegally built (without permit or different from permits) and restoration to original conditions prior to the administrative violations.

Article 52. Penalties for violations against regulations on construction, resource attraction, and other activities in the vicinity of railway works

1. A fine ranging from VND 1,000,000 to VND 3,000,000 shall be imposed upon an individual, VND 2,000,000 to VND 6,000,000 upon an organization that carries out construction or resource attraction or other activities in the vicinity of a railway work without taking measures for assurance of railway work safety and rail transport safety.

2. A fine ranging from VND 3,000,000 to VND 6,000,000 shall be imposed upon an individual, from VND 6,000,000 to VND 12,000,000 upon an organization that commits any of the following violations:

a) Building a lime kiln, pottery kiln, brick kiln, cast iron, steel, or glass melting furnace at a distance of less than 10 m from the boundary of the railway safety corridor;

b) Building a house from flammable materials at a distance of less than 05 m from the boundary of the railway safety corridor;

c) Constructing telecommunication antennas, communication lines and power lines in a manner that distance from the bottom of said poles to the shoulders of roadbeds that are not cut or filled, bottom of the slopes of filled roads, top of the slops of cut roads, outer edges of structures of railway bridges, communication and signaling lines are less than 1.3 times the height of said poles or less than 5 meters without acceptance of Minister of Transport;

d) Executing construction or resource extraction or other activities in the vicinity of a railway work damaging the railway work;

dd) Erecting constructing within traffic safety corridor in crossing areas without assigning watchmen.

3. A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed upon an individual, from VND 20,000,000 to VND 40,000,000 upon an organization that commits any of the violations specified in Clause 1 and Clause 2 of this Article causing a railway accident.

4. Apart from incurring penalties, following remedial measures shall also be adopted:

a) The violation(s) specified in Clause 1 of this Article shall lead to immediate adoption of measures to ensure railway safety;

b) The violations specified in Points a, b, c and dd Clause 2; Clause 3 of this Article shall lead to dismantling of construction work threatening railway safety;

c) The violation(s) specified in Point d Clause 2 of this Article shall lead to restoration to original condition of railway structures prior to the administrative violations.

Article 53. Penalties for violations against regulations on the use of land area for railway transport

1. A fine ranging from VND 300,000 to VND 500,000 shall be imposed upon an individual, from VND 600,000 to VND 1,000,000 upon an organization that commits any of the following violations:

a) Illegally planting trees within urban railway safety corridor; planting trees taller than 1.5 m or lower than 1.5 m and affecting structure safety and stability and rail transport safety during utilization process or planting trees obstructing vision of road users within national railway and specialized railway safety corridor;

b) Trading goods, holding markets, herding cattle on the railway or within the perimeter of the railway or the railway safety corridor.

2. A fine ranging from VND  500,000 to VND 1,000,000 shall be imposed upon an individual, from VND 1,000,000 to VND 2,000,000 upon an organization that uses land within the perimeter the railway work or the railway safety corridor for farming purposes damaging the railway work or causing it to subside or crack, or blocking rail transport.

3. A fine ranging from VND 2,000,000 to VND 3,000,000 shall be imposed upon an individual, from VND 4,000,000 to VND 6,000,000 upon an organization that commits any of the following violations:

a) Illegally placing vehicles, equipment, materials, goods, wastes, or other items within the perimeter of the railway or the railway safety corridor, or in stations or depots;

b) Illegally erecting booths or tents within the land area for rail transport;

c) Placing, erecting advertising boards, sign boards or other obstacles within the land area for rail transport;

d) Delaying removal of the booths or construction, or obstructing the construction, repair, expansion, or assurance of railway work safety at the request of a competent authority.

4. A fine ranging from VND 20,000,000 to VND 25,000,000 shall be imposed upon an individual, from VND 40,000,000 to VND 50,000,000 upon an organization that commits any of the following violations:

a) Illegally erecting houses or other constructions (including constructions serving national defense and security) within land area for rail transport, except for violations specified in Points b and c Clause 3 of this Article; Point d Clause 4 Article 51 of this Decree;

b) Illegally erecting advertising boards or sign boards within the land area for rail transport.

5. Apart from incurring penalties, following remedial measures shall also be adopted:

a) The violation(s) specified in Point a Clause 1 of this Article shall lead to reduction in height of trees exceeding permitted height, relocation of trees planted against regulations and law or affecting structure safety and rail transport safety;

b) The violation(s) specified in Clause 2 of this Article shall lead to restoration to original condition prior to the administrative violations;

c) The violation(s) specified in Point a Clause 3 of this Article shall lead to removal of vehicles, equipment, materials, goods, waste, and other objects from the railway work perimeter or railway safety corridor;

d) The violation(s) specified in Point b Clause 3 of this Article shall lead to dismantling and relocating tents and booths illegally erected from land area for rail transport;

dd) The violation(s) specified in Point c Clause 3 of this Article shall lead to removal of advertising boards, signboards and other obstacles illegally erected from the land area for rail transport;

e) The violation(s) specified in Point d Clause 3 of this Article shall lead to deconstruction or relocation of buildings, houses, tents or booths obstructing construction, renovation, extension and safety assurance of railway structures;

g) The violation(s) specified in Clause 4 of this Article shall lead to dismantling or relocation of houses, buildings, advertising panels or indication signs illegally built (without permit or in a manner that is inconsistent with the permits) from land area for rail transport.

Article 54. Penalties for violations against regulations on construction, management and utilization of essential works not affiliated with railway infrastructure but situated within land area for rail transport

1. A fine ranging from VND 2,000,000 to VND 3,000,000 shall be imposed upon an individual, from VND 4,000,000 to VND 6,000,000 upon an organization that commits any of the following violations:

a) Commencing construction without obtaining written acceptance of construction methods, traffic safety measures and clearance period for construction issued by competent organizations as per the law;

b) Failure to hand over sites and as-built dossiers to relevant organizations after finishing construction as per the law;

c) Leaving materials, machinery and equipment for construction breaching the railway clearance when blocks are not cleared or clearance period of the blocks is expired.

2. A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed upon an individual, from VND 10,000,000 to VND 20,000,000 upon an organization that commits any of the following violations:

a) Failure to fully adopt measures to ensure rail transport safety during construction;

b) Failure to promptly reinforce essential works to ensure railway structure safety and rail transport safety upon detecting or receiving reports on damaged essential works;

c) Failure to take charge and relocate or renovate structures at request of competent agencies as per the law;

d) Failure to deconstruct the constructions upon expired;

dd) Failure to deconstruct the constructions that are inconsistent with permits or constructions whose permits are revoked or cancelled by competent agencies.

3. A fine ranging from VND 7,500,000 to VND 10,000,000 shall be imposed on an individual, from VND 15,000,000 to VND 20,000,000 shall be imposed on an organization for commencing construction before being transferred with the construction premises as per the law.

4. A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed on an individual, from VND 20,000,000 to VND 40,000,000 shall be imposed on an organization that causes rail transport accidents while commencing construction.

5. Apart from incurring penalties, following remedial measures shall also be adopted:

a) The violation(s) specified in Point c Clause 1 of this Article shall lead to removal machinery, equipment and materials from the railway clearance;

b) The violation(s) specified in Points b and c Clause 2 of this Article shall lead to fortification, relocation or innovation of construction affecting rail transport safety at request of competent agencies;

c) The violation(s) specified in Points d and dd Clause 2 of this Article shall lead to deconstruction of expired constructions, constructions that are inconsistent with permits or constructions whose permits are revoked or cancelled.

Article 55. Penalties for violations against regulations on railway infrastructure administration and maintenance

1. A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed upon the organization responsible for railway infrastructure management, operation, and maintenance that commits any of the following violations:

a) Failure to prepare management list of crossings unconformable with Law on Railway; failure to prepare or update dossiers on dangerous locations for rail transport safety and improvised pathways across railway;

b) Failure to discover or report the discovered infringements upon the railway perimeter or the railway safety corridor under their management to competent authorities;

c) Failure to keep or properly keep records on management of railway works and railway safety corridors;

d) Failure to promptly detect or comply with regulations and law when detecting or receiving reports on violations against railway infrastructure;

dd) Failure to report threats to train operation and suspension of train operation to the traffic controllers at two ends of the rail section where the threat is found, to the rail transport operators or to users of railway infrastructure;

e) Failure to develop routes, adopt measures to ensure safety at dangerous locations regarding rail transport safety as per the law;

g) Failure to establish guard posts at crossings that are dangerous locations regarding rail transport safety on national railway; failure to provide professional training on guarding and patrolling as per the law for persons assigned by local governments to guard and patrol at improvised pathways;

h) Failure to develop quality control system for railway structure maintenance as per the law;

i) Failure to maintain technical status and quality of railway infrastructure as publicized or facilitating railway structure accidents due to failure to maintain railway structures as per the law;

k) Failure to promptly detect or comply with regulations and law when detecting or receiving reports on damage or degradation of railway structures, parts of railway structures or equipment attached to railway structures in terms of quality and thus unsafe for utilization and use;

l) Failure to follow procedures in case of expired railway structures need to be used further.

2. A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed upon an individual, from VND 10,000,000 to VND 20,000,000 upon an organization assigned to manage and dispose improvised pathways that commits any of the following violations:

a) Failure to narrow or remove the improvised pathways in dangerous locations regarding rail transport safety as per the law;

b) Failure to organize safety measures and guarding posts at improvised pathways in dangerous locations regarding rail transport safety as per the law.

3. A fine ranging from VND 15,000,000 to VND 20,000,000 shall be imposed upon the organization responsible for railway infrastructure management, operation, and maintenance that commits any of the following violations:

a) Failure to carry out or properly carry out inspections as per the law;

b) Failure to promptly repair damage to railway works;

c) Failure to repair, replace or fortify damaged parts of the railway infrastructure to ensure satisfaction with publicized maximum speed order and maximum load order;

d) Failure to examine implementation of construction methods and measures to ensure rail transport safety at construction sites on railway lines according to publicized maximum load order and maximum speed order.

4. Apart from incurring penalties, the violator shall also be compelled to:

a) The violation(s) specified in Clause 2; Points a and b Clause 3 of this Article shall lead to immediate adoption of measures to ensure rail transport safety as per the law;

b) The violation(s) specified in Point c Clause 3 of this Article shall lead to repair, replacement or fortification of damaged parts of the railway infrastructure to ensure its quality according to publicized maximum speed order and maximum load order.

Article 56. Penalties for violations against regulations on construction of railway works on railway in operation

1. A fine ranging from VND 2,000,000 to VND 3,000,000 shall be imposed upon an individual, from VND 4,000,000 to VND 6,000,000 upon an organization that commits any of the following violations:

a) Failure to notify the supervisory agency of the railway work before commencing the construction;

b) Failure to provide adequate signaling and safety equipment during the construction;

c) Failure to install or properly install adequate warning signs and signals; failure to take measures to ensure rail transport safety during the construction process;

d) Operating construction equipment without an appropriate qualification as per the law;

dd) Retrieving warning signals before finishing construction and testing structure clearance to allow operation; 

e) Executing railway structure construction under expired license for construction or under agreements of competent authorities in which time limit for construction has expired;

g) Placing building equipment, materials, warning signs, and other materials serving construction within the railway clearance after the blockade period is expired, except for violations specified in Point c Clause 2 of this Article;

h) Failure to notify supervisory agencies of railway structure of completion of the construction;

i) Commencing constructions without requesting for warning as per the law;

k) Failure to adopt measures to isolate blocks and operate trains as per the law when constructions are conducted on operational tracks.

2. A fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed upon an individual, from VND 6,000,000 to VND 10,000,000 upon an organization that commits any of the following violations:

a) Commencing construction without construction permit or without acceptance documents of competent agencies as per the law (if required by the law); failure to comply with construction permits or acceptance documents of competent agencies;

b) Failure to take measures for preventing accidents when finding that the construction threatens rail transport safety;

c) Improperly placing a vehicle, material, or construction equipment blocking rail transport or threatening traffic safety.

3. A fine ranging from VND 7,500,000 to VND 10,000,000 shall be imposed on an individual, from VND 15,000,000 to VND 20,000,000 shall be imposed on an organization for commencing construction before being transferred with the construction premises as per the law.

4. A fine ranging from VND 10,000,000 to VND 15,000,000 shall be imposed upon an individual, from VND 20,000,000 to VND 30,000,000 upon an organization that executes construction on an operational track without taking measures for ensuring railway safety causing a railway accident.

5. Apart from incurring fines, the organization or individual that commits any of the violations specified in Point e Clause 1, Point a Clause 2, Clause 4 of this Article shall also be suspended from construction or has the construction license (if any) suspended from 1 month to 3 months.

6. Apart from incurring penalties, following remedial measures shall also be adopted:

a) The violations specified in Point b Clause 1 of this Article shall lead to provision of adequate safety equipment and signaling devices;

b) The violations specified in Point c Clause 1 of this Article shall lead to provision of adequate warning signs, signals and immediate adoption of measures to ensure rail transport safety as per the law;

c) The violation(s) specified in Point g Clause 1 of this Article shall lead to removal machinery, equipment and materials serving construction, warning signs and temporary signs from the railway clearance;

d) The violation(s) specified in Point b Clause 2 of this Article shall lead to immediate adoption of measures to ensure rail transport safety as per the law;

dd) The violation(s) specified in Point c Clause 2 of this Article shall lead to repositioning of vehicles, materials and equipment for construction as per the law and not obstructing train operation;

e) The violation(s) specified in Point e Clause 1 and Point a Clause 2 of this Article shall lead to restoration to original condition prior to the administrative violations.

Article 57. Penalties for violations against regulations on connection of railway lines

1. A fine ranging from VND 6,000,000 to VND 10,000,000 shall be imposed on a national railway infrastructure enterprise, a urban railway enterprise or an owner of specialized railway that fails to detect or fails to develop measures to prevent and report promptly violations relating to connecting railway lines.

2. A fine ranging from VND 10,000,000 to VND 15,000,000 shall be imposed upon an individual, from VND 20,000,000 to VND 30,000,000 upon an organization connecting railway lines that commits any of the following violations:

a) Illegally connecting railway lines;

b) Failure to adequately execute contents specified in permit for connecting railway lines;

c) Connecting without obtaining written agreements of entities managing railway lines to be connected as per the law;

d) Failure to transfer premises and as-built dossiers of construction within the construction areas as per the law after connecting.

Section 3. VIOLATIONS AGAINST REGULATIONS ON RAILWAY VEHICLES

Article 58. Penalties for violations against regulations on railworthiness

1. A fine ranging from VND 500,000 to VND 1,000,000 shall be imposed upon an individual, from VND 1,000,000 to VND 2,000,000 upon an organization that operates improvised vehicles on the railway.

2. A fine ranging from VND 6,000,000 to VND 10,000,000 shall be imposed for each violating vehicle upon the organization in charge of administration of railway vehicle operation that commits any of the following violations:

a) Operating a vehicle on railway without having a railway vehicle registration certificate or using a railway vehicle registration certificate issued by other than competent agencies, except for moving recently imported vehicles, vehicle testing and moving vehicles towards yards for storage and preservation;

b) Operating a vehicle without a certificate of technical and environmental safety or a certificate of periodic inspection of technical and environmental safety, except for vehicle testing and moving damaged vehicles for repair; using certificates of technical and environmental safety or certificates of periodic inspection of technical and environmental safety that are issued by other than competent agencies or expired;

c) Allowing a vehicle banned from operation to operate on the railway;

d) Carrying passengers on a cargo carriage;

dd) Deliberately altering texture, shape and use functions of railway vehicles.

3. A fine ranging from VND 15,000,000 to VND 20,000,000 shall be imposed upon an organization that commits any of the violations specified in Point c Clause 2 of this Article thus causing a railway accident.

4. Apart from the fines, the person or organization that commits the violations in Clause 1 of this Article shall have their improvised vehicle confiscated.

5. Apart from the fines, organizations committing violations specified in Point dd Clause 2 of this Article shall take remedial measures in form of restoration of structure, shape and use functions of the vehicles to their original conditions before operating the vehicles.

Article 59. Penalties for violations against regulations necessary information and instructions for railway vehicles

1. A fine ranging from VND 2,000,000 to VND 3,000,000 for each violating vehicle shall be imposed on an organization directly managing and operating railway vehicles (the total fine amount imposed on a single organization shall not exceed VND 150,000,000) that commits any of following violations:

a) Operating passenger cars on national railway without adequately putting up train rules and regulations, routes, names of transit stations and the destination station, measures to be adopted in case of fire or accident as prescribed;

b) Operating urban railway vehicles without providing adequate necessary information and direction for customers as prescribed.

2. A fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed upon an organization directly managing and operating railway vehicles that fails to adequately put up the reference number, registration number and other symbols on each of the railway vehicles.

Article 60. Penalties for violations against regulations on braking equipment and assembling trains

1. A fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed upon the organization responsible for administration of railway vehicle operation that commits any of the following violations:

a) Failure to install automatic or manual brake or functional one on the railway vehicle;

b) Failure to install an emergency brake handle or a functional one in each passenger coach and at the working position of the captain;

c) Failure to periodically check and seal the emergency brake handle and pressure gauge;

d) Failure to install a pressure gauge or a functional one at the working position of the captain and some passenger cars;

dd) Failure to properly place the assembling equipment.

2. A fine ranging from VND 10,000,000 to VND 15,000,000 shall be imposed upon the organization directly managing and operating railway vehicles that uses a rear signaling device without a certification that is unexpired and issued by a competent authority, or uses a rear signaling device that is not functional as per the law.

3. Apart from incurring penalties, the violator shall also be compelled to:

a) The violation(s) specified in Point a Clause 1 of this Article shall lead to installation of equipment or replacement with equipment satisfactory to technical safety standards or restoration of technical attributes of equipment namely automatic and manual brake;

b) The violation(s) specified in Point b Clause 1 of this Article shall lead to installation of equipment or replacement with equipment satisfactory to technical safety standards or restoration of technical attributes of equipment namely emergency brakes at working stations of captain and on passenger cars;

c) The violation(s) specified in Point d Clause 1 of this Article shall lead to installation of equipment or replacement with equipment satisfactory to technical safety standards or restoration of technical attributes of equipment namely pressure gauges at working stations of captain and on passenger cars;

dd) The violations specified in Point dd Clause 1 of this Article shall lead to installation of the assembling equipment as per the law;

dd) The violation(s) specified in Clause 2 of this Article shall lead to replacement or restoration to original technical attributes of rear signaling devices as per the law.

Article 61. Penalties for violations against regulations necessary equipment on railway vehicles

1. A fine ranging from VND 1,000,000 to VND 2,000,000 shall be imposed upon a captain or train driver that:

a) Fails to provide or adequately provide fire-fighting equipment and materials, first-aid kits, equipment for choking and signaling on the freight train;

b) Fails to provide or adequately provide escape equipment, fighting equipment and materials, first-aid kits, tools and materials for minor repairs, equipment for choking and signaling on the passenger train;

c) Failure to put up the regulations, route, names of destination stations, and how to deal with accidents or fire on the train.

2. A fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed upon the organization responsible for administration of railway vehicle operation that puts a passenger coach into operation without adequate and functional equipment.

3. A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed upon the organization responsible for administration of railway vehicle operation that commits any of the following violations:

a) The locomotive or powered vehicle does not have a speedometer, equipment for recording speed and information related to the train operation (black box), equipment that helps the driver to stay awake while operating the train (if required) or functional ones;

b) Failure to install speedometer or equipment for communication between the driver and the captain or functional ones at the working position of the captain.

4. Apart from incurring penalties, following remedial measures shall also be adopted:

a) The violation(s) specified in Point a Clause 1 of this Article shall lead to provision of adequate fire-fighting equipment and materials, first-aid kits, equipment for choking and signaling on the freight train;

b) The violation(s) specified in Point b Clause 1 of this Article shall lead to provision of adequate fire-fighting equipment and materials, first-aid kits, equipment for emergency exit; equipment for chocking and signaling; equipment for basic repair;

c) The violation(s) specified in Point a Clause 3 of this Article shall lead to adequate installation or replacement with equipment satisfactory to technical safety standards or restoration of technical attributes of equipment namely speedometer and devices recording information relating to train operation (black box), alerter devices to keep train operators awake while controlling the trains;

d) The violation(s) specified in Point b Clause 3 of this Article shall lead to installation of equipment or replacement with equipment satisfactory to technical safety standards or restoration of technical attributes of equipment namely speedometers and devices enabling communication between captains and drivers at working station of the captains.

Section 4. PENALTIES FOR VIOLATIONS COMMITTED BY RAILWAY EMPLOYEES

Article 62. Penalties imposed upon employees directly serving the train operation violating regulations on qualifications

1. A fine ranging from VND 1,000,000 to VND 2,000,000 shall be imposed upon the train driver that operates a railway vehicle without carrying the train driver’s license or an unexpired one or one that matches the vehicle.

2. A fine ranging from 4,000,000 to VND 6,000,000 shall be imposed for using a fabricated qualification, fake train operator’s license, or failure to obtain a train driver’s license.

3. Apart from the fines, the person that commits any of the violations in Clause 2 of this Article shall have their fabricated qualification or train driver’s license confiscated.

Article 63. Penalties for violations against alcoholic contents or usage of other stimulants prohibited by law of railroad employees directly serving train operation (except drivers and co-drivers)

1. A fine ranging from VND 2,000,000 to VND 4,000,000 shall be imposed for working while BAC is less than 50 mg per 100 ml of blood, or BrAC is less than 0.25 mg per liter of breath.

2. A fine ranging from VND 4,000,000 to VND 6,000,000 shall be imposed for working while BAC exceeds 50 mg up to 80 mg per 100 ml of blood, or BrAC exceeds 0.25 mg up to 0.4 mg per liter of breath.

3. A fine ranging from VND 6,000,000 to VND 8,000,000 shall be imposed for any of the following violations:

a) Working while BAC exceeds 80 mg per 100 ml of blood, or BrAC exceeds 0.4 mg per liter of breath;

b) Failure to comply with the law enforcement officer’s order for testing for alcohol contents or other stimulants prohibited by regulations and law;

c) Working under other stimulants prohibited by the law.

Article 64. Penalties imposed upon railway workers violating regulations on railway safety

1. A fine ranging from VND 100,000 to VND 200,000 shall be imposed upon any railway worker involved in train operation or passenger service who fails to wear uniform, badge, name tag as prescribed while working.

2. A fine ranging from VND 500,000 to VND 1,000,000 shall be imposed for:

a) The captain that allows people to walk, stand, lie, or sit on the roof of the coach, hang from the coach, locomotive, or connector;

b) The captain or train driver that allows passengers to get on freight train;

c) Train captains or attendants allowing street vendors aboard the trains, allowing persons without tickets to ride the trains, allowing persons to get on or get off moving trains; leaving luggage and cargos at 2 ends of the cars while the trains are moving, except for leaving luggage and cargos of passengers who are about to get off the trains as the trains enter stations allowing halt and parking;

d) The patrolling employee that fails to check and discover the damage to the tunnel, bridge, railway, railway perimeter or rail transport safety corridor or fails to take remedial measures or report the damage to a competent person;

dd) The railway worker failing to adhere to professional procedures.

3. A fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed in case of committing any of the violations specified in Point c Clause 2 of this Article thus causing a railway accident.

4. Apart from incurring penalties, the person that commits any of the violations specified in Point a Clause 2 of this Article shall be compelled to be guided back to positions as per the law.

Article 65. Penalties for violations against regulations on permissible number of people on board, permissible load of railway vehicles and permissible load of railroad and bridges

1. A fine ranging from VND 1,000,000 to VND 2,000,000 shall be imposed for each excess passenger upon the railway company that sells more tickets than the number of seats publicized from time to time (the total fine shall not exceed VND 150,000,000).

2. A fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed upon the rail transport company that commits any of the following violations:

a) Loading goods on each car in a manner that exceeds permissible load of that car by exceeding 5% up to 40%;

b) Operating railway vehicles whose uniformly distributed load or axial load exceed maximum permissible load of railroad specified in maximum load order up to 10%;

c) Failure to publicize schemes for selling additional seats and converting beds into seats in peak seasons as per the law.

3. A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed upon the rail transport company that commits any of the following violations:

a) Loading goods on each car in a manner that exceeds permissible load of that car by exceeding 40% up to 100%;

b) Operating railway vehicles whose uniformly distributed load or axial load exceed maximum permissible load of railroad specified in maximum load order from exceeding 10% to 20%.

4. A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed upon the rail transport company that commits any of the following violations:

a) Loading goods on each car in a manner that exceeds permissible load of that car by exceeding 100%;

b) Operating railway vehicles whose uniformly distributed load or axial load exceed maximum permissible load of railroad specified in maximum load order by exceeding 20%.

5. Apart from incurring penalties, the organizations that commit any of the violations specified in Clause 1 of this Article shall be compelled to assign other vehicles to carry excess passengers.

Article 66. Penalties incurred by the driver and co-driver

1. A fine ranging from VND 300,000 to VND 500,000 shall be imposed upon a co-driver that fails to supervise the train speed, observe and inform the driver of signals and signs.

2. A fine ranging from VND 500,000 to VND 1,000,000 shall be imposed upon the train driver that:

a) Leaves the driving position while the locomotive is working;

b) Allows unauthorized people or cargo in the locomotive;

c) Damages the alerter devices keeping the driver awake while operating the train;

d) Disobeys the instructions of the captain, signals or signs;

dd) Fails to carry or adequately carry flags, signal lamps, flares, or chocks in the locomotive during the shift.

3. A fine ranging from VND 1,000,000 to VND 2,000,000 shall be imposed upon a train driver that:

a) Stops the train against the rules without reasonable explanation;

b) Lets the train moving pass the stop signal;

c) Exceeds the speed limits in maximum speed order by up to 10 km/h.

4. A fine ranging from VND 4,000,000 to VND 6,000,000 shall be imposed upon the driver that exceeds the speed limits in maximum speed order by exceeding 10 km/h to 20 km/h.

5. A fine ranging from VND 6,000,000 to VND 8,000,000 shall be imposed upon a train driver that:

a) Exceeds the speed limits in maximum speed order by up to 20 km/h;

b) Working while BAC is less than 50 mg per 100 ml of blood, or BrAC is less than 0.25 mg per liter of breath.

6. A fine ranging from VND 16,000,000 to VND 18,000,000 shall be imposed for working while BAC exceeds 50 mg up to 80 mg per 100 ml of blood, or BrAC exceeds 0.25 mg up to 0.4 mg per liter of breath.

7. A fine ranging from VND 30,000,000 to VND 40,000,000 shall be imposed for:

a) Working while BAC exceeds 80 mg per 100 ml of blood, or BrAC exceeds 0.4 mg per liter of breath;

b) Failure to comply with the law enforcement officer’s order for testing for alcohol contents or other stimulants prohibited by regulations and law;

c) Working under other stimulants prohibited by the law.

8. Apart from incurring fines, persons committing the violations shall also incur the following additional penalties:

a) The violation(s) specified in Clause 3 and Clause 4 of this Article shall lead to suspension of driving license from 01 month to 03 months;

b) The violation(s) specified in Clause 5 of this Article shall lead to suspension of driving license from 03 months to 05 months;

c) The violation(s) specified in Clause 6 of this Article shall lead to suspension of driving license from 10 months to 12 months;

b) The violation(s) specified in Clause 7 of this Article shall lead to suspension of driving license from 22 months to 24 months.

9. Apart from the penalties, the person committing the violation specified in Point b Clause 2 of this Article shall be compelled to remove the passengers and cargo from the locomotive.

Article 67. Penalties for violations against regulations on employees directly serving train operation

1. A fine ranging from VND 6,000,000 to VND 8,000,000 shall be imposed upon an employer that commits any of the following violations:

a) Failure to conduct medical check-up for railway employees directly serving train operation within their management;

b) Failure to conduct annual examination and tests for railway employees directly serving train operation as per the law.

2. A fine ranging from VND 8,000,000 to VND 10,000,000 shall be imposed upon an employer that commits any of the following violations:

a) Employing persons without appropriate specialized certifications, qualifications or license for train operation as per the law;

b) Employing persons without adequate health as per the law.

Article 68. Penalties imposed upon rail transport training institutions violating regulations of laws on training and issuance of qualifications

1. A fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed for:

a) Failure to meet the requirements and standards applied to rail transport training institutions;

b) Failure to comply with the regulations on recruitment, training programs, examination, issuing/replacing qualifications.

2. A fine ranging from 5,000,000 to VND 10,000,000 shall be imposed for providing training or issuing qualifications without approval by a competent authority.

3. Apart from incurring fines, the organization that commits any of the violations specified in Clause 1 of this Article shall be suspended from recruitment from 1 month to 3 months.

4. Apart from incurring penalties, the organization that commits any of the violations specified in Clause 2 of this Article shall have to revoke and dispose the qualifications illegally issued.

Article 69. Penalties for violations against regulations on formulation of rules for train operation and shunting techniques, technical management of train station and putting up the rules for technical management of train station or rail station

1. A fine ranging from VND 1,000,000 to VND 3,000,000 shall be imposed on an organization directly operating and/or providing national railway or specialized railway infrastructures without adequately putting up excerpts of rules for technical management of train station or rail station as per the law.

2. A fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed upon the organization assigned to directly operate national railway or specialized railway infrastructures that commits any of the following violations:

a) Failure to develop regulations for technical management of train stations, procedures for train operation and shunting or regulations for operation of rear signaling devices installed on cargo trains as per the law;

b) Failure to develop operational regulations for drivers and co-drivers; failure to develop registry serving train operation and warning; failure to specify train operation measures at intersection between national railway and specialized railway as per the law.

Section 5. VIOLATIONS AGAINST REGULATIONS ON RAILWAY SERVICES

Article 70. Penalties for violations against regulations on conditions for railway service provision

1. A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed upon a rail transport enterprise, rail infrastructure enterprise or urban railway enterprise that commits any of the following violations:

a) The rail transport enterprise failing to assign personnel eligible as per the law to handle safety assurance and primarily be responsible for transport operation management and techniques;

b) The rail infrastructure enterprise failing to assign personnel eligible as per the law to handle safety assurance and manage the enterprise;

c) The urban railway enterprise failing to assign personnel eligible as per the law to handle safety assurance and manage the enterprise;

d) The urban railway enterprise failing to assign personnel eligible as per the law to handle rail transport safety assurance and manage, operate the enterprise.

2. A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed upon a rail transport enterprise, rail infrastructure enterprise or urban railway enterprise that commits any of the following violations:

a) The rail transport enterprise failing to establish department to be in charge of rail transport safety as per the law;

b) The rail infrastructure enterprise failing to establish department to be in charge of safety affairs as per the law;

c) The urban railway enterprise failing to establish department to be in charge of railway infrastructure safety as per the law;

d) The urban railway enterprise failing to establish department to be in charge of rail transport safety as per the law.

Article 71. Penalties for violations against regulations on railway service provision

1. A fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed upon the rail transport company that commits any of the following violations:

a) Transporting corpses and bones against the law;

b) Transporting living or wild animals against the law;

c) Failure to adequately put up and publicize via mass media or website of the enterprise information about train schedules, passenger ticket price, luggage price, cargo price and other prices, ticket sale plans, list of commodities prohibited from being transported by passenger trains and regulations of the enterprise on responsibilities for serving passengers;

d) Failure to inform the number of remaining seats to passengers when selling tickets electronically.

2. A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed upon the rail transport enterprise that fails to adhere to regulations on exemption of tickets or reduction of ticket prices.

3. A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed upon the rail transport company that commits any of the following violations:

a) Failure to provide transports for special missions and social security missions at request of a head of competent authority as per the law;

b) Failure to comply with regulations on transporting oversized cargo;

c) Failure to comply with regulations on handling and transporting dangerous goods;

d) Failure to ensure passengers are provided with adequate conveniences when the transport is interrupted due to accidents, natural disasters, or sabotage;

dd) Failure to comply with regulations on handling, transporting, and securing dangerous goods on coaches;

e) Failure to assign adequate employees on board as per the law;

g) Failure to develop operational procedures for employee titles on board as per the law.

4. Apart from incurring penalties, the violator shall also be compelled to:

a) The violations specified in Point a, Point b Clause 1 of this Article shall lead to removal of corpse or animal at the nearest station for further actions;

b) The violation(s) specified in Point a Clause 3 of this Article shall lead to immediate provision of transports for special missions and social security missions at request of the head of the competent authority;

c) The violation(s) specified in Points b, c and dd Clause 3 of this Article shall lead to immediate adoption of safety measures as per the law.

Article 72. Penalties for using fake train tickets and selling train tickets against the law

1. A fine ranging from VND 100,000 to VND 200,000 shall be imposed for using fake tickets on the train.

2. A fine ranging from VND 2,000,000 to VND 4,000,000 shall be imposed upon any person:

a) Any ticketing staff of a train station, ticket agent, or on the train who sells tickets against the law;

b) Any person who trades in tickets to earn illicit profits.

3. A fine ranging from VND 10,000,000 to VND 15,000,000 shall be imposed upon an individual, from VND 20,000,000 to VND 30,000,000 upon an organization that commits any of the following violations:

a) Transporting fake train tickets;

b) Selling fake train tickets;

c) Storing fake tickets.

4. Apart from incurring fines, the violator shall also incur the following additional penalties:

a) The violation(s) specified in Clause 1 of this Article shall lead to confiscation of fake tickets;

b) The violation(s) specified in Point b Clause 2 of this Article shall lead to total confiscation of current tickets;

c) The violation(s) specified in Clause 3 of this Article shall lead to total confiscation of fake tickets.

5. If the road infrastructure is damaged by the violations specified in  Clause 2, Clause 3 of this Article, the violator shall be compelled to repair and restore the original condition apart from incurring the penalties.

Section 6. OTHER OFFENCES RELATED TO RAIL TRANSPORT

Article 73. Penalties for violations against other regulations on railway safety and security

1. A fine ranging from VND 100,000 to VND 200,000 shall be imposed upon any person who:

a) Peddles on the train or in the train station;

b) Fails to comply with train regulations on the train;

c) Throws earth, stones, or other objects from the train.

2. A fine ranging from VND 300,000 to VND 500,000 shall be imposed upon any person:

a) Disturbs the order or safety on the train or in the train stations;

b) Dumps or leaves garbage on railway vehicles;

c) Brings an animal that carries contagious diseases or a wild animal to the station or to the train;

d) Illegally brings flammable/explosive substance or weapon to the station or train;

dd) Illegally brings a living animal to the train;

e) Illegally brings corpses or cremains on urban trains, national trains or in stations.

3. A fine ranging from VND 500,000 to VND 1,000,000 shall be imposed upon any individual who throws earth, stones or other objects at the train.

4. A fine ranging from VND 2,000,000 to VND 3,000,000 shall be imposed on an individual threatening or violating health of passengers or railway employees on mission.

5. Apart from incurring penalties, the person who commits any of the violations specified in Points c, d, dd and e Clause 2 of this Article shall have to remove the corpse, bones, sick animal, flammable/explosive substance, or weapon, or living animal from the train (at the nearest train station in case of moving trains) for further actions.

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