What are the fines imposed on the flagmen at the crossing or road-rail bridge in Vietnam for failing to erect the barrier on time?

What are the fines imposed on the flagmen at the crossing or road-rail bridge in Vietnam for failing to erect the barrier on time?

Pursuant to Article 43 of the Decree 100/2019/NĐ-CP (amended and supplemented by Clause 34.i Article 2 of the Decree 123/2021/NĐ-CP) stipulating penalties for violations against regulations on receiving and sending trains as follows:

1. A fine ranging from VND 300,000 to VND 400,000 shall be imposed upon a rail worker that commits any of the following violations on guard duty:

a) Failure to receive or send inbound and outbound trains while on watch at the station, switch, crossing, road-rail bridge, or while patrolling a bridge or road, or failure to do so properly, except for violations specified in Clauses 2, 3 and 4 of this Article;

b) Failure to record every telegram while on watch at the station;

c) Failure to record sufficient information about the times when trains pass by while on watch at the station, crossing, or road-rail bridge.

2. A fine ranging from VND 500,000 to VND 1,000,000 shall be imposed upon the traffic controller allows the train to park before the entrance signal post without acceptable explanation.

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

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

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

b) Mistaking the trains;

c) Receiving or sending a train without taking the switch key or lock the switch;

d) Allows a train to enter a rail section without notifying the flagman or persons watching road-rail bridges as prescribed;

dd) Allowing other railway vehicles to take over main rail in the stations, unless in case of force majeure (dodging, overtaking, shunting, coupling, evacuation and rescue);

e) Failure to inform traffic controllers about stations of arrival and stations of departure, train dispatchers about train number, actual time of arrival and departure and crossing when the trains arrive, depart and cross the stations as per the law;

g) Failure to examine and confirm whether shunting or coupling may have influenced and obstructed tracks for receiving and sending trains as per the law.

As regulations above, a fine ranging from VND 1,000,000 to VND 2,000,000 shall be imposed upon the flagman at the crossing or road-rail bridge that fails to erect the barrier on time.

Will the flagmen at the crossing or road-rail bridge in Vietnam be liable to criminal prosecution for failing to fulfill their duties?

Pursuant to Clause 128 Article 1 of the Law on amendments to the Criminal Code in 2017 stipulating negligence that results in serious consequences as follows:

1. Any person who negligently fails to perform or correctly perform his/her in any of the following circumstances, except in the circumstances specified in Article 179, Article 308 and Article 376 hereof, shall face a penalty of up to 03 years' community sentence or 06 - 60 months' imprisonment:

a) The offence results in the death of a person;

b) The offence causes ≥ 61% WPI for another person;

c) The offence causes a total WPI of 61% - 121% for more than one person.

d) The property damage caused by the offence is assessed at from VND 100,000,000 to under VND 500,000,000.

2. This offence committed in any of the following circumstances carries a penalty of 03 - 07 years' imprisonment:

a) The offence results in the death of 02 people;

b) The offence causes a total WPI of 122% - 200% for more than one person;

c) The property damage caused by the offence is assessed at from VND 500,000,000 to under VND 1,500,000,000.

3. This offence committed in any of the following circumstances carries a penalty of 07 - 12 years' imprisonment:

a) The offence results in the death of ≥ 03 people;

b) The offence causes a total WPI of ≥ 201% for ≥ 03 people;

c) The property damage caused by the offence is assessed at ≥ VND 1,500,000,000.

4. The offender might also be prohibited from holding certain positions or doing certain jobs for 01 - 05 years.

As regulations above, when a flagman fails to fulfill their duties (fails to erect the barrier on time), which results in damage to people and property, that flagman shall face criminal responsibility depending on the level of damage.

Specifically, that flagman shall face a penalty of up to 03 years' community sentence or up to 12 years' imprisonment. The offender might also be prohibited from holding certain positions or doing certain jobs for 01 - 05 years.

What are standards for the flagmen at the crossing or road-rail bridge in Vietnam?

Pursuant to Clause 1, Article 16 of the Circular 33/2018/TT-BGTVT stipulating standards, duties and powers of the flagmen at the crossing or road-rail bridge in Vietnam as follows:

1. Standard:

a) Possess a professional diploma or certificate in railway, railway bridge, crossing guard, common bridge guard, railway tunnel guard;

b) Have full health conditions as prescribed by the Minister of Health;

c) Have a probationary period in accordance with the labor law with the titles of guarding crossroads, guarding common bridges, guarding railway tunnels and passing the exam requirements on professional skills of guarding crossroads, guarding common bridges, guarding bridges, railway tunnels organized by enterprises using the titles of guarding the crossing, guarding the common bridge, guarding the railway tunnel.

Best regards!