Can houses near railway build the pathways across railway in Vietnam?

Can houses near railway build the pathways across railway in Vietnam?

According to Article 9 of the Railway Law 2017 on prohibited acts in railway activities, specifically as follows:

1. Damage railway works and railway vehicles.

2. Illegally occupy the railway safety corridor and the safety perimeter of the railway work

3. Build an illegal crossing; illegally build flyovers, underpasses, culverts or other works built within the land area for rail transport; illegally drill or bore within the safety perimeter of the railway work.

4. Falsify works and railway signaling; hide or falsify railway signals.

5. Obstruct the train operation; arbitrarily use signals or equipment to stop the train, unless a threat to railway safety is found.

6. Trespass the fence, the barrier of the level crossing when the block signal is given; trespass the fences that separate the railway from the surrounding.

7. Discharge untreated sewage onto the railway; place obstacles and dump hazardous substances or waste on the railway; illegally place flammable or explosive substances within the safety perimeter of the railway work and the railway safety corridor.

8. Herd animals and trade goods on railways and within the safety perimeter of the railway work and the railway safety corridor.

9. Walk, stand, lie, sit or perform other acts on the roof of the coach, locomotive, steps; hang, stand, sit on the sides of the coach, locomotive, or connector; open the train doors, poke the head, arm, leg, or other stuff out the coach when the train is running, except for the railway workers and law enforcement officers on duty.

10. Walk, stand, lie, sit or perform other acts on the railway line, except for the railway workers and law enforcement officers on duty.

11. Throw earth, stones, or other objects at or from the train.

12. Bring or transport prohibited goods or animal that carries contagious diseases to the station or to the train; illegally bring or transport wild animals, radioactive/flammable/explosive substances and dangerous goods to the station or the train; bring or transport a corpse or bones to the station or to the train running on urban railways.

13. Make or use fake tickets; sell tickets against the law.

14. Allow a railway vehicle or equipment that fails to meet technical safety requirements to operate on the railway; use the cargo coaches to transport passengers; change the structure, design or functions of the vehicles without permission; assign or allow another person who is ineligible to operate a railway vehicle.

15. Assemble coaches that contain animals, stinky goods, flammable/explosive substances, hazardous substances, or other dangerous goods into a passenger train.

16. Operate trains faster than the speed limits.

17. Railway workers directly serving train operation is under influence of alcohol or other banned stimulants in the performance of their duties.

Thus, with the above regulations in Vietnam, if your house is near the railway, it is not allowed to open the passage across the train line, if you deliberately violate it, you will be punished for this behavior.

What are penalties for creating improvised pathways across railway in Vietnam?

In Clause 4, Article 51 of Decree 100/2019/ND-CP on penalties for violations against regulations on protection of railway works, according to which:

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.

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.

According to this Article, the act of opening a pathway will be fined from VND 10,000,000 to VND 20,000,000 and for organizations that open a pathway, the fine will be doubled. In addition to the form of a fine, the violator is also forced to restore the original state that has been changed due to the administrative violation in Vietnam.

Best Regards!