Vietnam: What are the types of land for rail transport? What are the regulations on determining the boundary of land area for rail transport?
What are the types of land for rail transport in Vietnam?
Pursuant to Clause 1, Article 12 of the Law on Railway Transport 2017 as follows:
Land for rail transport
1. Land for rail transport includes:
a) Land for construction of railway works;
b) Land within the safety perimeter of the railway work;
c) Land within the railway safety corridor.
2. Use of land for rail transport shall be specified as follows:
a) Land for rail transport shall be used for the construction of railway works and ensure rail transport safety according to the land use plan and planning approved by a competent authority;
b) In the cases where part of the land area for rail transport must be used to construct essential works in service of national defense and security or socio-economic development, such works must not affect the railway work and rail transport safety and must be licensed in accordance with regulations of the Minister of Transport;
c) An organization or individual that is allocated, leased out or transferred railway infrastructure shall use the land for rail transport according to the planning approved by a competent authority and regulations of law.
3. Management of land for rail transport shall be specified as follows:
a) Regulatory authorities shall manage land for rail transport in accordance with regulations of the Law on Land;
b) The regulatory authority charged with management of railway infrastructure assets shall be assigned to manage the land for construction of railway works and the land within the safety perimeter of the railway work; manage the use of land for rail transport according to the planning approved by a competent authority;
c) The People’s Committees at all levels shall manage the land dedicated to rail transport and the land within the railway safety corridor;
d) Land for rail transport that is located within the land for airports, civilian airports and seaports shall be managed in accordance with regulations of the Law on Land;
4. The Government shall elaborate this Article.
Thus, according to the above regulations, land for rail transport includes:
- Land for construction of railway works;
- Land within the safety perimeter of the railway work;
- Land within the railway safety corridor.
In what cases is it not allowed to use land inside the safety perimeter of railway work in Vietnam?
Pursuant to Clause 4, Article 27 of Decree No. 56/2018/ND-CP as follows:
Activities carried out within and use of the land area for rail transport
1. The land within the safety perimeter of a railway work shall be only used in the following cases:
a) Temporarily gather materials, machinery, and equipment for railway work construction, but it is required to avoid blocking road users’ vision and affecting railway work and rail transport safety, protect the environment and prevent fires and explosions;
b) Construct an essential work that serves the national defense, security, and socio-economic development purposes within the restricted area of a railway tunnel in an urban area as prescribed in Point b Clause 2 Article 11 of this Decree in case of failure to construct the work outside the safety perimeter of the railway tunnel in the urban area. The project investor shall adopt technical measures to avoid affecting the stability and service life of the work, ensure rail transport safety, and obtain approval from the competent authority and a construction license before adoption.
2. The land within the railway safety corridor shall be temporarily used for agricultural purposes. It is allowed to plant trees less than 1.5 m without affecting the stability and safety of the railway work and rail transport safety during operation.
3. Inside a railway station, advertising signboards and signboards used to disseminate traffic safety regulations shall be installed in accordance with regulations of the law on advertising and without affecting railway work safety and train operation.
4. The land inside the safety perimeter of a railway work must not be used in the following cases:
a) Construct architectures and plant trees that block road users’ vision within the railway safety corridor;
b) Construct works that are not related to railway tunnels in urban areas within the forbidden area as prescribed in Point a Clause 2 Article 11 of this Decree.
Thus, according to the above provisions, it is not allowed to use land inside the safety perimeter of railway work in Vietnam in the following cases:
- Construct architectures and plant trees that block road users’ vision within the railway safety corridor;
- Construct works that are not related to railway tunnels in urban areas within the forbidden area as prescribed in Point a Clause 2 Article 11 of Decree 56/2018/ND-CP.
What are the regulations on determining the boundary of land area for rail transport in Vietnam?
Pursuant to Article 23 of Decree 56/2018/ND-CP as follows:
- The land within the safety perimeter of the railway work or railway safety corridor shall have its boundary determined according to coordinates and shall be uniformly updated to the cadastral dossier and land management database of the area which the railway passes through.
- The organization assigned to manage railway infrastructure shall cooperate with People’s Committees at all levels in demarcating the boundary of the land area for rail transport.
- The preparation, submission, and approval of boundary marker planting dossiers and planting and management of boundary marker that identifies the land area for rail transport shall comply with regulations of the land law.
- The on-site determination of the boundary marker that identifies the land area for rail transport shall be carried out within the capacity for allocation of the state budget and in the following priority order:
+ Urban areas;
+ Residential areas;
+ Remaining areas.
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