Chương III Nghị định 171/2013/NĐ-CP xử phạt vi phạm hành chính lĩnh vực giao thông đường bộ đường sắt: 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 3.

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

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

Article 39. Penalties for violations against regulations on railway signals

1. A fine of from 2,000,000 VND to 3,000,000 VND shall be imposed upon the railway infrastructure company that commits one of the following violations:

a) The signs are not installed or not properly installed;

b) The signals are not sufficient or not functional.

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

a) Install the signs properly when any of the violations mentioned in Point a Clause 1 of this Article is committed;

b) Install sufficient signals and ensure they are working when any of the violations mentioned in Point b Clause 1 of this Article is committed;

Article 40. Penalties for violations against regulations on train assembly and brake testing

1. A fine of from 300,000 VND to 500,000 VND shall be imposed upon the examiners that fail to examine incoming and outgoing trains.

2. A fine of from 500,000 VND to 1,000,000 VND shall be imposed upon the train dispatchers and traffic controllers that commit one of the following violations:

a) Assembling a train against National Technical Regulation on railway operation;

b) Assembling coaches that fail to meet safety requirements;

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

3. A fine of from 1,000,000 VND to 1.500,000 VND shall be imposed upon the traffic controller or train captain that commits one of the following violations:

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

b) Letting the train run without brake testing.

Article 41. Penalties for violations against regulations on shunting

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

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

b) Exceed the permissible shunting limit;

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

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

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

e) Parking a locomotive or coach on a safety track without order from a competent person.

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

Article 42. Penalties for violations against regulations on train operation

1. A fine of from 200,000 VND to 400,000 VND shall be imposed upon the train driver, train captain, or traffic controller that fails to sign the warning.

2. A fine of from 1,000,000 VND to 2,000,000 VND shall be imposed upon the train driver that commits one of the following violations:

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

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

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

d) Reserving the train when distress signal has been sent;

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

3. A fine of from 2,000,000 VND to 4,000,000 VND shall be imposed upon the traffic controller, train driver, or captain that allow the train to enter the rail section without evident permission.

4. Apart from fines, the train driver or co-driver that commits the violations in Clause 2 or Clause 3 of this Article shall also have their train driver’s license suspended for 01 month.

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

1. A fine of from 1,000,000 VND to 3,000,000 VND shall be imposed upon the flagman at the crossing or combined bridge that commits one of the following violations:

a) Failing to adhere the professional procedure;

b) Failing to record sufficient information about the trains that cross the crossing.

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

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

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

b) Mistaking the trains;

c) Sending a train without taking the switch key or lock the switch.

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

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

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

b) Failing to send appropriate signals while shunting.

2. A fine of from 1,000,000 VND to 2,000,000 VND shall be imposed upon the train driver or captain that allow the train to run without receiving a safety signal from the traffic controller or the signaling employee.

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

a) Passing the signals to enter or leave a closed station without permission from the chief traffic controller;

b) Failing to stop the train when it

c) Keeping the train running after receiving the stop signal.

4. Apart from fines, the train driver that commits the violations mentioned in Clause 3 of this Article shall also have his train driver’s license suspended for 01 month.

Article 45. Penalties for violations against regulations on train dispatching

1. A fine of from 5,000,000 VND to 7,000,000 VND shall be imposed upon the train dispatching that fails to check the adherence to the timetable and train assembly plan.

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

a) Sending train orders ultra vires;

b) Failing to send warnings to the train driver on time;

c) Failing 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.

Article 46. Penalties for violations against regulations traffic at railroad crossings, combined bridges, and tunnels

1. A fine of from 50,000 VND to 60,000 VND shall be imposed upon:

a) The pedestrians that trespass the barrier of the crossing or combined bridge when the light has turned red, disobey the signals, signs, road markings, or instructions of the flagman when going through the crossing or combine bridge;

b) The operators of bicycles, motored bicycles, and non-motorized vehicles that disobey the signals, signs, or road markings when going through the crossing or combined bridge.

2. A fine of from 80,000 VND to 100,000 VND shall be imposed upon the operators of bicycles, motored bicycles, and non-motorized vehicles that trespass the barrier of the crossing or combined bridge when the light has turned red; disobey the signals or instructions of the flagman when going through the crossing or combined bridge.

3. A fine of from 100,000 VND to 200,000 VND shall be imposed upon the operators of motorcycles and mopeds (including electric motorcycles) that stop or park within the length of the crossing or combined bridge, or disobey the signals, signs, or road markings when going through the crossing or combined bridge.

4. A fine of from 200,000 VND to 400,000 VND shall be imposed upon the operators of motorcycles and mopeds (including electric motorcycles) that trespass the barrier of the crossing or combined bridge when the light has turned red; disobey the signals or instructions of the flagman when going through the crossing or combined bridge.

5. A fine of from 400,000 VND to 600,000 VND shall be imposed upon the operators of tractors and specialized motorcycles that stop or park within the length of the crossing or combined bridge; disobey the signals, signs, road markings, or instructions of the flagman when going through the crossing or combined bridge.

6. A fine of from 600,000 VND to 800,000 VND shall be imposed upon:

a) Operators of tractors and specialized motorcycles trespass the barrier of the crossing or combined bridge when the light has turned red;

b) Operators of cars that stop or park within the length of the crossing or combined bridge; disobey the signals, signs, or road markings when going through the crossing or combined bridge.

7. A fine of from 800,000 VND to 1.200,000 VND shall be imposed upon the operators of motorcycles and mopeds (including electric motorcycles) that trespass the barrier of the crossing or combined bridge when the light has turned red, or disobey the instructions of the flagman when going through the crossing or combined bridge.

8. A fine of from 2,000,000 VND to 3,000,000 VND shall be imposed upon operators of road vehicles that commit one of the following violations:

a) Damaging the barrier when operating motor vehicles;

b) Driving tracked vehicles, road rollers, and transporters of oversize and overweight cargo across the crossing without notifying the crossing management unit, or without taking safety measures as guided by the crossing management unit.

9. Apart from incurring the penalties, the person that commits the violations in Clause 8 of this Article shall be compelled to restore the original condition.

Article 47. Penalties for violations against regulations prevention and settlement of railway accidents

1. A fine of from 100,000 VND to 200,000 VND shall be imposed upon the individual that fails to report the railway accident to the nearest station, railway agency, local authority, or police station.

2. A fine of from 1,000,000 VND to 2,000,000 VND shall be imposed upon the responsible for individual that fails to discover obstacles on the railway line that threaten the safety, or fail to report them or take protective measures.

3. A fine of from 2,000,000 VND to 3,000,000 VND shall be imposed upon the responsible for individual that fails to discover report railway accidents to relevant organizations and individuals.

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

a) Failing to provide sufficient information or documents related to the railway accident;

b) Avoiding helping people while possible;

c) Failing to be present at the crash scene when being reported of a railway accident;

d) Failing to take measures for preventing railway accidents when being reported of damaged railway works;

dd) Failing to settle the problems and thus affecting the train operation;

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

5. A fine of from 4,000,000 VND to 6,000,000 VND shall be imposed for:

a) Deliberately changing the crash scene;

b) Taking advantage of the accident to appropriate assets in the accident; disturbing, obstructing the handling of the railway accident;

c) Making a getaway after causing a railway accident;

d) Avoiding, disobeying the orders of competent persons or authorities for restoration of rail transport.

6. A fine of from 15,000,000 VND to 20,000,000 VND shall be imposed upon the rail transport company that commits one of the following violations:

a) Failing to prevent and handle railway accidents to ensure safe and continuous rail transport;

b) Disobeying the direction of the organization in charge of preventing and handling railway accidents;

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

d) Failing to suspend train operation when the rail infrastructure is found threatening train operation safety.

Article 48. Penalties for violations against regulations railway safety assurance

1. A fine of from 300,000 VND to 500,000 VND shall be imposed for:

a) Walking, standing, lying, sitting on/in railway bridges/tunnels, except for the workers on duty;

b) Trespassing the railway fences;

c) Taking animals across the railway at improper positions, or leaving animals to pull a vehicle across the railway without an operator;

d) Walking, standing, lying, sitting 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 the workers on duty;

dd) Placing farming products and other stuff on the railway line or other railway roads;

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

2. A fine of from 2,000,000 VND to 3,000,000 VND shall be imposed for:

a) Anchoring ships, boats, or other watercrafts within the safety perimeter of the railway bridge;

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

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

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.

4. A warning or fine of from 5,000,000 VND to 10,000,000 VND shall be imposed upon the person that drops wood, stones, or other items that cause an accident.

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

a) Return to the proper positions as instructed by the railway employees on the train when any of the violations mentioned in Point a or Point d Clause 1 of this Article is committed;

b) Remove the ships, boats, or other watercrafts from the safety perimeter of the railway bridge when any of the violations mentioned in Point a Clause 2 of this Article is committed;

c) Removing the road vehicles, equipment, materials, or cargo from the railway clearance when any of the violations mentioned in Point b Clause 2 of this Article is committed;

b) Remove the farming products and other stuff railway line or other railway works when any of the violations mentioned in Point dd Clause 1 of this Article is committed;

dd) Remove the debris, obstacles, and other materials from the railway line when any of the violations mentioned in Point e Clause 1 or Point b Clause 3 of this Article is committed.

SECTION 2. VIOLATIONS AGAINST REGULATIONS ON RAILWAY INFRASTRUCTURE

Article 49. Penalties for violations against regulations on protection of railway works

1. A fine of from 100,000 VND to 200,000 VND shall be imposed upon the individual that dump garbage or waste on the railway, except for the violations in Point a Clause 2 of this Article.

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

a) Dumping or placing hazardous substances or waste on the railway;

b) Illegally dumping debris or other materials on the railway;

c) Placing flammable or explosive substances within the land area for railway;                                                                                          

d) Blocking the signs, landmarks, or signals of railway works;

dd) Damaging the drainage system of railway works;

e) Illegally placing concrete, wood, steel, or other materials within the safe corridor of the railway works.

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

a) Digging, extracting earth and stone within the perimeter of the railway or the railway safety corridor;

b) Damaging, removing fences that separate the railway and the road without permission; moving or destroying the marks of railway perimeters or railway safety corridor;

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

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

a) Illegally opening a railway crossing, setting up power or communication line, building an overpass, underpass, drain, or other works across the railway;

b) Illegally drilling, digging, cutting the railway;

c) Illegally Removing, moving the rails, sleepers, parts, equipment, and signaling system of the railway.

5. A fine of from 20,000,000 VND to 25,000,000 VND shall be imposed upon the individual, a fine of from 40,000,000 VND to 50,000,000 VND shall be imposed upon the organization that commits one of the following violations:

a) Using explosive to extract stones, sand, or gravel that cause the railway work to subside, crack, or block the railway;

b) Connecting the national railway to another railway against the law.

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

a) Remove the debris, hazardous substances, waste, and other materials from the railway when any of the violations mentioned in Clause 1, Point a or Point b Clause 2 of this Article is committed;

b) Remove the flammable or explosive substances from the land area for rail transport when any of the violations mentioned in Point c Clause 2 of this Article is committed;

c) Remove the illegal construction and restore the original condition when any of the violations mentioned in Point d, Point dd, Point e Clause 2; Clause 3; Clause 4; Clause 5 of this Article is committed.

Article 50. Penalties for violations against regulations on construction, resource attraction, and other activities in the vicinity of railway works

1. A fine of from 1,000,000 VND to 3,000,000 VND shall be imposed upon the individual, a fine of from 2,000,000 VND to 6,000,000 VND shall be imposed upon the organization that fails to take measures for ensure railway safety.

2. A fine of from 3,000,000 VND to 6,000,000 VND shall be imposed upon the individual, a fine of from 6,000,000 VND to 12,000,000 VND shall be imposed upon the organization that damages railway works.

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

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

a) Take measures to ensure railway safety when any of the violations mentioned in Clause 1 of this Article is committed;

b) Restore the original condition of the railway work when any of the violations mentioned in Clause 2 of this Article is committed.

Article 51. Penalties for violations against regulations on using land area for rail transport

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

a) Using the land within the perimeter the railway work or the railway safety corridor for farming purposes and thus causing the railway work to subside, crack, or block the railway;

b) Planting trees higher than 1.5 m; planting trees within 02 m from the ground;

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

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

a) Placing vehicles, equipment, materials, goods, wastes, or other items within the perimeter of the railway or the railway safety corridor (except for the vehicles, equipment, and materials serving the construction and repair of railway works);

b) Illegally putting up booths, temporary constructions within the land area for rail transport;

c) Putting up advertising boards and other items within the land area for rail transport, except for the violations in Point b Clause 3 of this Article;

d) Delaying removing the booths or construction, and thus obstructing the construction, repair, expansion, or threaten the safety of the railway work at the request of competent authorities.

3. A fine of from 20,000,000 VND to 30,000,000 VND shall be imposed upon the individual, a fine of from 40,000,000 VND to 60,000,000 VND shall be imposed upon the organization that commits one of the following violations:

a) Illegally putting up tents, kiosks, temporary constructions within the land area for rail transport;

b) Putting up an advertising board within the land area for railway.                                            

4. Apart from the fines, the person or organization that commits the violations in Point a Clause 2 of this Article shall have illegal items confiscated, except for waste.

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

a) Cut down the trees illegally planted when any of the violations mentioned in Point a or Point b Clause 1 of this Article is committed;

b) Remove the waste from the railway perimeter or railway safety corridor when any of the violations mentioned in Point a Clause 2 of this Article is committed;

c) Remove the illegal booths and temporary constructions from the land area for rail transport;

d) Remove the advertising boards and other blocking items from the land area for rail transport;

dd) Remove the advertising board and illegal permanent constructions from the land area for rail transport when any of the violations mentioned in Clause 3 of this Article is committed.

Article 52. Penalties for violations against regulations on railway infrastructure administration

1. A fine of from 5,000,000 VND to 10,000,000 VND shall be imposed upon the railway infrastructure company that commits one of the following violations:

a) Failing to make written records on important positions that are likely to affect railway safety;

b) Failing to carry out periodic inspections;

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

d) Failing to repair damaged railway works;

dd) Failing to repair, replace, or fortify damaged parts of the railway infrastructure to sustain the quality in terms of speed and capacity.

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

a) Make written records on important positions that are likely to affect railway safety when any of the violations mentioned in Point a Clause 1 of this Article is committed;

b) Take measures to ensure railway safety when any of the violations mentioned in Point b, Point c, Point d, Point d Clause 1 of this Article is committed.

Article 53. Penalties for violations against regulations on construction of railway works

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

a) Failing to notify the agency in charge of the railway work before commencing the construction;

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

c) Failing to install adequate signs and signals; failing to take measures to ensure the safety during the construction on the railway;

d) Operating railway equipment during the construction without appropriate qualifications;

dd) Using the building equipment in a way that threatens traffic safety;

e) Carrying on the construction beyond the deadline without applying for an extension of the license;

g) Failing to remove the building materials and equipment from the railway clearance after the blockade period is over;

h) Failing to remove the signs and other materials; failing to transfer the as-built dossier to the organization in charge of railway infrastructure after the construction is completed;

i) Failing to notify the agency in charge of railway administration of the completion of the construction.

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

a) Carrying out the construction without a license or without a valid license, or against the license issued by a competent authority;

b) Failing to take measures for preventing accidents when finding that the construction threatens the safety of railway transport operations.

3. A fine of from 10,000,000 VND to 15,000,000 VND shall be imposed upon the individual, a fine of from 20,000,000 VND to 30,000,000 VND shall be imposed upon the organization that fails to take measures for ensure railway safety on an operational track and thus causes a railway accident.

4. Apart from the fines, the organization or individual that commit  the violations mentioned in Point e Clause 1, Point a Clause 2, or Clause 3 of this Article shall be suspended from construction for 01 month or have their license for construction suspended for 01 month (if any).

5. Apart from incurring the penalties, the organization or individual that commit the violations in Clause 1, Clause 2 or Clause 3 of this Article shall be compelled to immediately take measures for ensuring railway safety.

SECTION 3. VIOLATIONS AGAINST REGULATIONS ON RAILWAY VEHICLES

Article 54. Penalties for violations against regulations on railworthiness

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

2. A fine of from 3,000,000 VND to 5,000,000 VND shall be imposed upon the individual, a fine of from 6,000,000 VND to 10,000,000 VND shall be imposed upon the organization that allow vehicles to operate on the railway without certificates of registration or certificates of technical and environmental safety, unless they are newly imported, being tested, or sent back for repair.

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

Article 55. Penalties for violations against regulations necessary information and instructions for railway vehicles

1. A fine of from 2,000,000 VND to 3,000,000 VND shall be imposed upon the organization in charge of administration of railway vehicle operation that commits one of the following violations:

a) Failing to add sufficient number,  registration number, and other symbols on the vehicle;

b) Failing to put up the regulations, route, names of destination stations, and how to deal with accidents or fire on the train in the form of notice boards or other means of information.

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

a) Put sufficient number, registration number, and other symbols on the train when any of the violations mentioned in Point a Clause 1 of this Article is committed;

b) Put up the regulations, route, names of destination stations, and how to deal with accidents or fire on the train in the form of notice boards or other means of information when any of the violations mentioned in Point b Clause 1 of this Article is committed.

Article 56. Penalties for violations against regulations on equipment for braking, and assembling trains

1. A fine of from 3,000,000 VND to 5,000,000 VND shall be imposed upon the organization in charge of administration of railway vehicle operation that commits one of the following violations:

a) No automatic or manual brake is installed on the railway vehicle, or the brake is not functional;

b) No emergency brake handle is installed in passenger coaches and at the working position of the captain, or the emergency brake handle is not functional;

c) Failing to periodically check and seal the emergency brake handle;

d) Failing to install a pressure gauge at the working position of the captain and some passenger cars, or the gauge is not functional;

dd) The assembling equipment does not meet requirements.

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

a) Install the automatic or manual brake when any of the violations mentioned in Point a Clause 1 of this Article is committed;

b) Install the emergency brake handle at the working position of the captain and passenger coaches when any of the violations mentioned in Point a or Point d Clause 1 of this Article is committed;

c) Install the assembling equipment properly when any of the violations mentioned in Point dd Clause 1 of this Article is committed.

Article 57. Penalties for violations against regulations necessary equipment on railway vehicles

1. A fine of from 1,000,000 VND to 2,000,000 VND shall be imposed upon the captain of a passenger train or freight train that commits one of the following violations:

a) No fire-fighting equipment and materials, first-aid kits, equipment for choking and signaling on the freight train;

b) No emergency escape equipment, fighting equipment and materials, first-aid kits, tools and materials for minor repairs, equipment for choking and signaling on the passenger train.

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

3. A fine of from 3,000,000 VND to 5,000,000 VND shall be imposed upon the organization in charge of administration of railway vehicle operation that commits one 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 such equipment is not functional;

b) No speedometer or equipment for communication between the driver and the captain at the working position of the captain, or the equipment installed is not functional.

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

a) Provide adequate fire-fighting equipment and materials, first-aid kits, equipment for choking and signaling on the freight train when any of the violations mentioned in Point a Clause 1 of this Article is committed;

b) Provide adequate emergency escape equipment, fighting equipment and materials, first-aid kits, tools and materials for minor repairs, equipment for choking and signaling on the passenger train when any of the violations mentioned in Point b Clause 1 of this Article is committed;

c) Install a speedometer, equipment for recording speed and information related to the train operation (black box), the equipment that helps the driver to stay awake while operating the train (if required) on the locomotive or powered vehicle when any of the violations mentioned in Point a Clause 3 of this Article is committed;

d) Install a speedometer or equipment for communication between the driver and the captain at the working position of the captain when any of the violations mentioned in Point b Clause 3 of this Article is committed.

SECTION 4. PENALTIES FOR VIOLATIONS COMMITTED BY RAILWAY EMPLOYEES

Article 58. Penalties incurred by the employees directly serving the train operation that violate regulations on qualifications

1. A fine of from 1,000,000 VND to 2,000,000 VND shall be imposed upon the train drive that operate a railway vehicle without carrying an unexpired train driver’s license, or the license does not match the vehicle.

2. A warning or fine of from 4,000,000 VND to 6,000,000 VND shall be imposed for using fake qualifications, train operator’s license, or failing to obtain a train driver’s license.

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

Article 59. Penalties incurred by train dispatchers, train captains, duty officers, and other employees that violate regulations on alcohol content

1. A fine of from 500,000 VND to 1,000,000 VND shall be imposed for working under the influence of alcohol but the BAC or BrAC is below the level mentioned in Point a Clause 2 of this Article.

2. A fine of from 2,000,000 VND to 3,000,000 VND shall be imposed for one of the following violations:

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

b) Disobeying the duty officer’s order for alcohol content testing.

Article 60. Penalties incurred by the employees on the train or in the station that violate regulations on railway safety assurance

1. A fine of from 500,000 VND to 1,000,000 VND shall be imposed upon:

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 that allows passengers to get on freight train;

c) The attendant that allows street vendors and people without tickets to get on the train, allows passengers to get on or get off the train while it is running;

d) The patrolling employees that fail to check and discover the damage to the tunnel, bridge, or railway, or fail to take measures when such damage is discovered, or fail to report the damage to competent persons and thus threaten railway safety;

dd) Failing to adhere to professional procedures and thus causing the train to delay.

2. A fine of from 1,000,000 VND to 2,000,000 VND shall be imposed for failing to follow professional procedures and thus threatening railway safety.

3. A fine of from 2,000,000 VND to 3,000,000 VND shall be imposed upon the station manager that allow a coach to carry cargo beyond its capacity.

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

a) Instruct the people at fault to go back to proper positions when any of the violations mentioned in Point a Clause 1 of this Article is committed;

b) Remove the amount of cargo that exceeds the coach capacity when any of the violations mentioned in Clause 3 of this Article is committed.

Article 61. Penalties incurred by the driver and co-driver

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

2. A fine of from 500,000 VND to 1,000,000 VND shall be imposed upon the driver that commits one of the following violations:

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

b) Allowing unauthorized people or cargo in the locomotive;

c) Damaging the equipment that keeps the driver awake while operating the train;

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

dd) No flags, signal lamps, flares, or chocks in the locomotive during the shift;

3. A fine of from 1,000,000 VND to 2,000,000 VND shall be imposed upon the driver that commits one of the following violations:

a) Stopping the train against the rules without acceptable explanation;

b) Letting the train move pass the stop signal;

c) Exceeding the speed limits by 5 km/h but less than 10 km/h.

4. A fine of from 3,000,000 VND to 5,000,000 VND shall be imposed for:

a) Exceeding the speed limits by 10 km/h - 20 km/h;

b) Working the influence of alcohol but the BAC or BrAC is below the level mentioned in Clause 6 or Point a Clause 7 of this Article.

5. A fine of from 5,000,000 VND to 7,000,000 VND shall be imposed upon the driver that exceeds the speed limits by more than 20 km/h.

6. A fine of from 8,000,000 VND to 10,000,000 VND shall be imposed for working while BAC exceeds 50 mg - 80 mg per 100 ml of blood, or BrAC exceeds 0.25 mg 0.4 mg per liter of breath;

7. A fine of from 10,000,000 VND to 15,000,000 VND 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) Disobeying the duty officer’s order for alcohol content testing.

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

a) The train driver’s license shall be suspended for 01 month when any of the violations mentioned in Clause 3 or Clause 4 of this Article is committed;

b) The train driver’s license shall be suspended for 02 month when any of the violations mentioned in Clause 5, Clause 6 or Clause 7 of this Article is committed;

9. Apart from incurring the penalties, the person that commits the violations in Point b Clause 2 of this Article shall be compelled to remove the passengers and cargo from the locomotive.

Article 62. Penalties for violations against regulations on employees directly serving train operation

A fine of from 4,000,000 VND to 8,000,000 VND shall be imposed for employing the people without qualifications that match their positions; employing the people that fail to meet health standards.

Article 63. Penalties for violations against the laws on training and issuance of qualifications

1. A fine of from 3,000,000 VND to 5,000,000 VND shall be imposed upon the training institution that:

a) Fails to meet the requirements and standards of a rail employee training institution;

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

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

3. Apart from the fines, the organization that commits the violations in Clause 1 of this Article shall be suspended from recruitment for 02 months.

4. Apart from incurring the penalties, the person that commits the violations in Clause 2 of this Article shall be compelled to revoke the qualifications illegally issued.

SECTION 5. VIOLATIONS AGAINST REGULATIONS ON RAILWAY SERVICES

Article 64. Penalties for violations against regulations on conditions for railway service provision

1. A fine of from 4,000,000 VND to 6,000,000 VND shall be imposed upon the company that loading, unloading goods at the train station or freight yard, the company that store goods at the train station, the company that manufactures, assemblies, modifies, repairs vehicles, the company that provides rail transport services, the railway infrastructure company that commits one of the following violations:

a) Failing to apply for a business registration;

b) Using the material-handling equipment that fails to meet safety standards; employing the people without qualifications to operate material-handling equipment;

c) Failing to comply with regulations on fire safety and environmental hygiene in the warehouse; using substandard warehouses or yards;

d) Manufacturing, assembling, modifying, repairing vehicles without supervision and quality control; failing to employ bachelors in auto mechanics; failing to make plans for fire safety and environmental pollution prevention;

dd) Providing rail transport services or road infrastructure services without a safety certificate, or using a fake or expired safety certificate;

e) Providing rail transport services without an insurance contract (for transport of passengers and dangerous goods by train); failing to employ a person that holds a bachelor's degree in rail transport or has at least 03 years' experience of rail transport operation to administer rail transport operation;

g) Failing to employ a person that holds a bachelor’s degree in railway infrastructure or has at least 03 years’ experience of railway infrastructure operation to take charge of railway infrastructure operation.

2. Apart from the fines, the organization that commits the violations in Point dd Clause 1 of this Article shall have their fake or expired certificate confiscated.

Article 65. Penalties for violations against regulations on railway service provision

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

a) Transporting corpses and bones against the law;

b) Transporting living or wild animals against the law.

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

a) Failing to undertake special transport missions at the request of competent authorities;

b) Failing to comply with regulations on transporting oversize and overweight goods;

c) Failing to comply with regulations on loading, unloading, and transporting dangerous goods;

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

3. Apart from incurring the penalties, the company that commits the violations in Clause 1 or Point c Clause 2 of this Article shall be compelled to remove the corpses, bones, living or wild animals from the train.

Article 66. Penalties for making, using fake train tickets and selling train tickets against the law

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

2. A fine of from 2,000,000 VND to 4,000,000 VND shall be imposed upon:

a) Ticketing staff of the train station, ticket agents, or on the train that sells tickets against the law;

b) Trading tickets to earn illicit profits.

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

a) Making fake tickets;

b) Transporting fake tickets;

c) Selling fake tickets;

d) Storing fake tickets.

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

a) The fake tickets shall be confiscated when any of the violations mentioned in Clause 1 of this Article is committed;

b) All tickets shall be confiscated when any of the violations mentioned in Point b Clause 2 of this Article is committed;

c) The fake tickets and equipment used for making and transporting fake tickets shall be confiscated when any of the violations mentioned in Clause 3 of this Article is committed;

d) The illicit profits shall be confiscated when any of the violations mentioned in Clause 2 or Point c Clause 2 of this Article is committed.

SECTION 6. OTHER RAIL TRANSPORT OFFENCES

Article 67. Penalties for violations against other regulations on railway safety and security

1. A fine of from 100,000 VND to 200,000 VND shall be imposed for:

a) Peddling on the train or in the train stations;

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

c) Throwing earth, stones, or other items from the train while it is running.

2. A fine of from 300,000 VND to 500,000 VND shall be imposed for:

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

b) Threatening, infringing upon the health or belongings of passengers of railway employees;

c) Bringing animals that carry contagious diseases or wild animals to the station or to the train;

d) Bringing corpses, bones, flammable/explosive substances, or weapons to the station or train.

3. Apart from incurring the penalties, the person that commits the violations in Point c or Point d Clause 2 of this Article shall be compelled to remove the corpses, bones, animals, flammable/explosive substances, or weapons from the station or train.

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