What are penalties for equipment for construction breaching the railway clearance in Vietnam?

What are penalties for equipment for construction breaching the railway clearance in Vietnam?

Pursuant to Point c, Clause 1 and Point a, Clause 5, Article 54 of Decree No. 100/2019/ND-CP stipulating 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 as follows:

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.

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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.

According to this Article, the act of equipment for construction breaching the railway clearance in Vietnam will be administratively fined from VND 2,000,000 to VND 3,000,000 for individuals, from VND 4,000,000 to 6,000,000 VND for organizations. It is up to the person responsible for this material to be punished according to the above level. At the same time, leading to removal machinery, equipment and materials from the railway clearance.

What is railway clearance in Vietnam?

Pursuant to Point g, Clause 2, Article 3 of the Decree No. 100/2019/ND-CP, defines the railway clearance as follows:

g) “Railway clearance” means the space along the railway line that ensures the train is not struck against while running;

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