Incentives and support for organization or individual involved in railway activities in Vietnam

Incentives and support for organization or individual involved in railway activities in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Incentives and support for organization or individual involved in railway activities in Vietnam

According to Clause 2, Article 6 of the Law on Railway Transport 2017, an organization or individual involved in railway activities shall be eligible for incentives and support as follows:

- They are allocated land without paying land levy on the land area used for construction of urban and railway infrastructure; the land for construction of dedicated railway infrastructure and railway industrial work shall be exempted from land rent.

- According to the actual sources, the State shall lend them a fund charged at the interest rate of preferential investment from the State investment or they shall be provided with government-guaranteed loans according to regulations of the law on management of public debt for development of national and urban railway infrastructure; investment in and procurement of railway vehicles, machines and equipment for railway maintenance; development of railway industry;

- The railway infrastructure enterprise, urban railway enterprise and railway industry enterprise shall be eligible for incentives for enterprise income tax rate according to regulations of the Law on Enterprise Income Tax;

- They shall enjoy exemption from import duties on machines, equipment, components, railway vehicles, raw materials for manufacture of machines and equipment or spare parts of machines and equipment necessary for construction of railway infrastructures that are yet to be domestically produced;

2. Prohibited acts in railway operations

Prohibited acts in railway operations under Article 9 of the Law on Railway Transport 2017 are as follows:

- Destroying railway works and railway vehicles.

- Encroachment on railway traffic safety corridor, railway work protection range.

- Self-opening of railway passages; illegally building overpasses, tunnels, culverts or other structures within the land reserved for railways; Illegal drilling and digging within the railway work protection area.

- Falsifying works and signaling systems on railways; obscure or falsify railway traffic signals.

- Preventing train operation, arbitrarily signaling or using devices to stop trains, except in case of detecting incidents causing unsafety to railway traffic.

- Overtaking, crossing the crossroads, crossing the crossing when there is a prohibition signal; crossed the barrier between the railway and the surrounding area.

- Discharging unsanitary waste onto the railway; leaving obstacles, dumping hazardous substances and wastes onto the railway; to store flammable and explosive substances within the protection range of railway works and railway traffic safety corridors.

- Livestock grazing, market meetings on railways, within the protection of railway works and railway traffic safety corridors.

- Walking, standing, lying down, sitting or other acts on the roof of the wagon, locomotive, steps on and off the wagon; clinging, standing, sitting on both sides of the wagon and locomotive, the connection between the wagons and locomotives;

Open doors on and off the train, put your head, hands, feet and other objects out of the carriage when the train is running, except for railway employees and functional forces on duty.

- Walking, standing, lying down, sitting or other behavior on the railway, except for railway employees, functional forces on duty.

- Throwing soil, rocks or other objects onto or from the ship.

- Bringing and transporting goods banned from circulation, diseased animals into stations, boarding trains; illegally carrying or transporting wild animals, radioactive substances, flammable substances, explosives and other dangerous goods into the station, on board the train; carrying and transporting corpses and remains to the station, onto the urban railway train.

- Making and consuming fake tickets; illegal ticket sales.

- Putting railway vehicles and equipment that fail to ensure technical safety into operation in service of railway traffic; use freight wagons to transport passengers;

Arbitrarily changing the structure, shape and usability of railway vehicles; handing over or letting an unqualified person operate a railway vehicle.

- Connecting to passenger trains carriages transporting animals, goods with stench, flammable substances, explosives, toxic substances and other dangerous goods.

- Control the train to exceed the prescribed speed.

- Railway employees who directly serve train while on duty with alcohol or other stimulants in their blood or breath that are prohibited by law.

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