Accordingly, works permitted to be built within the protected area of works and railway traffic safety corridors include: Essential works serving national defense, security, and socio-economics that cannot be located outside the land area reserved for railways; works used for propaganda purposes at the request of state agencies.
However, when requested by a competent authority, the project investor must arrange funds and carry out the dismantling and relocation of the project without compensation.
The Ministry of Transport proposes projects that are allowed to be built in the railway corridor, including service roads (Illustration photo).
The Ministry of Transport also proposed to allow the construction of service roads to eliminate self-opened paths across existing national railways within the protection area of works and railway traffic safety corridors in cases where service roads cannot be located outside the land area reserved for railways, and at the same time, fences must be built to separate the railway from the service roads.
Construction within the protected area of the works and railway traffic safety corridor must ensure that it does not affect the safety of the railway works and railway traffic safety and must be licensed by a competent authority.
Explaining the addition of this regulation, a representative of the Vietnam Railway Authority said that regulations on construction and equipment installation within the protection area of construction and railway traffic safety corridors are necessary to serve as a basis for public and transparent management of land areas reserved for railways, enhancing the effectiveness and efficiency of management.
Regarding the content of allowing the construction of service roads within the corridor, according to the representative of the Vietnam Railway Authority, the current 2017 Railway Law stipulates that railways intersecting with roads must build grade-separated intersections; where level crossings are not allowed to be built, service roads must be built outside the railway traffic safety corridor to lead to the nearest level crossing or grade-separated intersection.
However, this is not feasible. Since Decree 39/ND-CP, the 2005 Railway Law to the 2017 Railway Law took effect, the railway traffic safety corridor has only been determined on the field according to Decree 39/ND-CP and has not been compensated or cleared according to regulations.
Some localities even grant land use right certificates to organizations and individuals within the land area reserved for railways.
Therefore, the construction of works according to the above regulations requires a large amount of land acquisition and clearance, leading to insufficient funds for compensation for land acquisition and clearance, or even if there are funds, it is still very difficult to implement, as in big cities: Hanoi, Ho Chi Minh City, Hai Phong...
On the other hand, in recent times, localities have encountered difficulties when renovating, embellishing, expanding urban areas or implementing Decision 358/2020 of the Prime Minister on ensuring railway traffic safety and eliminating self-opened paths.
The reason is that the allocated capital for compensation for land acquisition and clearance to build overpasses and service roads is not sufficient. Localities continue to request permission to build level crossings (without overpasses) and service roads within the railway traffic safety corridor.
“In fact, on the national railway, there are many service roads in the railway traffic safety corridor. The construction of service roads in recent times is the basis for eliminating self-opened paths across the railway, contributing to reducing railway traffic accidents.
Therefore, it is necessary to supplement this provision to ensure the feasibility of the Law as well as to suit the actual conditions of Vietnam," said a representative of the Railway Department.
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