Construction of Railway Works with Expired Construction Permit: What Are the Penalties?

Hello Editorial Board,I am Hoang, currently residing in Da Oai. I would like to inquire about a project I participated in, which is the BM railway project. I have been informed that the construction permit for the project has expired, but the railway construction is still ongoing. Could you please advise whether this situation could result in a penalty? Which document regulates this matter?I hope the Editorial Board can assist.Thank you.

Pursuant to Clause 1, Article 56 of Decree 100/2019/ND-CP stipulating penalties for violations in the construction of railway works on operational railways as follows:

- A fine ranging from 2,000,000 VND to 3,000,000 VND for individuals, and from 4,000,000 VND to 6,000,000 VND for organizations committing one of the following violations:

+ Undertaking construction work without notifying the organization directly managing the railway works in writing before construction;

+ Failure to arrange sufficient safety equipment and signals as prescribed for construction vehicles and equipment;

+ Failure to arrange or incorrectly arranging positions, inadequate signage and protection signals as prescribed, or lacking measures to ensure railway traffic safety during construction;

+ Operating construction vehicles and equipment without the required licenses or professional certificates as prescribed;

+ Removing protection signals before the end of construction, without checking the track status or verifying the architectural clearance conditions to ensure safety for train operations;

+ Conducting construction works on railways with an expired Construction Permit, or having approval documents from competent authorities but exceeding the construction period stated in such documents;

+ Leaving construction materials, machinery, equipment serving construction, protection signals, and temporary signage violating the railway architectural clearance after the blockade time for construction has expired, except for violations specified at Point c, Clause 2 of this Article;

+ Failing to notify in writing to the railway works management unit upon completion of the construction work;

+ Constructing works without demanding warning measures as prescribed;

+ Not implementing the blockade measures or train operation measures on railways as prescribed when constructing works on operational railways.

=> Thus, your case has violated the regulations on constructing railway works on operational railways. A fine ranging from 2,000,000 VND to 3,000,000 VND for individuals, and from 4,000,000 VND to 6,000,000 VND for organizations is imposed.

Sincerely!

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