Authority to Penalize Acts of Business on Railroad Tracks: Which Agency is Responsible? How Many Meters Away from the Railroad Must Business be Conducted?
How will businesses operating on railway tracks be penalized?
According to the provisions at Point b, Clause 1, Article 53, Decree 100/2019/ND-CP and Point b, Clause 3, Article 53, Decree 100/2019/ND-CP regarding conducting business on railway tracks as follows:
Penalties for violations regarding the use and exploitation of the land allocated for railways
1. A warning or a fine ranging from 300,000 VND to 500,000 VND for individuals, or from 600,000 VND to 1,000,000 VND for organizations committing one of the following violations:
a) Unauthorized planting of trees within the railway safety corridor; planting trees higher than 1.5 meters or planting trees lower than 1.5 meters but affecting the safety, stability of structures, or railway traffic safety during the operation or planting trees obstructing the view of participants in the national railway safety corridor or specialized railway;
b) Grazing animals, selling goods, or holding markets on the railway, within the railway work protection zone, or the railway safety corridor.
2. A fine ranging from 500,000 VND to 1,000,000 VND for individuals, or from 1,000,000 VND to 2,000,000 VND for organizations using land within the railway work protection zone or the railway safety corridor for agricultural purposes causing subsidence, cracks, or damage to railway works, obstructing railway traffic.
3. A fine ranging from 2,000,000 VND to 3,000,000 VND for individuals, or from 4,000,000 VND to 6,000,000 VND for organizations committing one of the following violations:
a) Leaving vehicles, equipment, materials, goods, waste, or other items illegally within the railway work protection zone, the railway safety corridor, or within the station area, depot, or railway station;
b) Erecting unauthorized tents or stalls within the land designated for railways;
c) Setting up, hanging advertising boards, direction signs, or other unauthorized items within the land designated for railways;
d) Delaying the relocation of structures, houses, tents, or stalls or intentionally delaying relocation causing obstacles for construction, renovation, expansion, and ensuring the safety of railway works when there is a decision from the competent authority.
Thus, individuals engaged in unauthorized selling of goods on railway tracks may be fined from 300,000 VND to 3,000,000 VND. Additionally, organizations committing the mentioned violations may be fined up to 6,000,000 VND.
Besides being subjected to monetary penalties, individuals and organizations committing violations must also implement remedial measures as prescribed at Point d, Clause 5, Article 53, Decree 100/2019/ND-CP as amended:
Penalties for violations regarding the use and exploitation of the land allocated for railways
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5. Besides being subjected to penalties, individuals and organizations committing violations must implement the following remedial measures:
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d) Conducting the actions stipulated at Point b, Clause 3 of this Article, requiring the dismantling and removal of unauthorized tents and stalls from the land designated for railways;
Therefore, besides monetary penalties, individuals or organizations engaging in business on railway tracks must dismantle and move unauthorized stalls and business locations off the land designated for railways.
Which authority has the jurisdiction to penalize businesses on railway tracks? How far must businesses be from the railway?
How far must businesses be from the railway?
According to Article 16, Decree 56/2018/ND-CP on railway traffic safety distance:
- The width of the railway traffic safety corridor, measured from the outer edge of the railway protection area outward on each side, is determined as follows:
+ High-speed railways: 5 meters in urban areas, 15 meters outside urban areas. For high-speed railways, a barrier must be constructed to isolate the railway traffic safety corridor to prevent unauthorized intrusions;
+ Urban railways on the ground and other railways are 3 meters.
- The height of the railway traffic safety corridor is calculated from the ground upward, vertically to the upper limit of the railway airspace protection as stipulated in Clause 1, Article 9, Decree 56/2018/ND-CP.
- Detailed determination of the railway traffic safety corridor is implemented according to Clause 1 of Appendix II issued with Decree 56/2018/ND-CP.
In urban areas, businesses must be at least 5 meters away from high-speed railways, and 15 meters outside urban areas.
For ground urban railways and other railways, the distance is 3 meters.
The distance is measured from the outer edge of the railway protection area outward on each side to the business location.
Which authority has the jurisdiction to penalize businesses on railway tracks?
According to Article 74, Decree 100/2019/ND-CP, the following authorities have the jurisdiction to penalize businesses on railway tracks:
- Chairman of the People's Committees at various levels- Traffic police within their assigned functions and duties.- Order police, Quick Response Police, Mobile Police, Administrative Management Police for Social Order within their assigned functions and duties- Heads of commune-level police, heads of police posts, heads of police stations at border gates, and export processing zones.- Inspectors of the transport sector, individuals assigned to perform specialized railway inspection duties
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