Proposal to regulate construction projects within the railway safety corridor.

Accordingly, the following structures are permitted to be built within the protected area and railway safety corridor: essential structures serving national defense, security, and socio -economic development that cannot be located outside the land designated for railways; and structures used for propaganda purposes as required by state agencies.

However, upon request from the competent authority, the project owner must arrange the funds and carry out the demolition and relocation of the structure themselves without compensation.

The Ministry of Transport has proposed that construction projects be permitted within the railway corridor, including access roads (Illustrative image).

The Ministry of Transport also proposed allowing the construction of access roads to eliminate existing unauthorized crossings over the national railway within the protected area of ​​railway infrastructure and the railway safety corridor, in cases where access roads cannot be located outside the land designated for the railway, and where a fence must be constructed to separate the railway from the access road.

Construction within the protected area and railway safety corridor must ensure that it does not affect the safety of railway infrastructure or railway traffic safety, and must be licensed by the competent authority.

Explaining the addition of this regulation, a representative from the Vietnam Railway Authority stated that the regulation on the construction of works and installation of equipment within the protected area of ​​railway infrastructure and the railway safety corridor is necessary to provide a basis for managing the land allocated for railways in a transparent and effective manner, thereby enhancing the effectiveness and efficiency of management.

Regarding the provision allowing the construction of access roads within the railway corridor, according to a representative from the Vietnam Railway Authority, the current Railway Law 2017 stipulates that railway crossings with roads must have grade-separated interchanges; where level crossings are not permitted, access roads must be constructed outside the railway safety corridor to lead to the nearest level crossing or grade-separated interchange.

However, this is not feasible. Because since Decree 39/ND-CP, the 2005 Railway Law, and the 2017 Railway Law came into effect, the railway safety corridor has only been determined on the ground according to Decree 39/ND-CP and has not yet been compensated or cleared as stipulated.

Furthermore, some localities even issue land use right certificates to organizations and individuals within the land designated for railways.

Therefore, constructing projects according to the above regulations requires a large amount of land clearance, leading to insufficient funds for compensation, or even with funds available, implementation remains very difficult, as seen in major cities like Hanoi , Ho Chi Minh City, and Hai Phong…

On the other hand, in recent times, localities have encountered difficulties when renovating, upgrading, and expanding urban areas, or implementing Decision 358/2020 of the Prime Minister on ensuring railway safety and eliminating unauthorized level crossings.

The reason is that the allocated funds for land compensation for the construction of overpasses and access roads are insufficient. Local authorities continue to request permission to build level crossings (without overpasses) and access roads within the railway safety corridor.

"In reality, the national railway system already has many access roads within the railway safety corridor. The construction of these access roads in recent years has laid the foundation for eliminating unauthorized crossings over the railway, contributing to a reduction in railway traffic accidents."

Therefore, it is essential to add this regulation to ensure the feasibility of the Law as well as its suitability to the actual conditions of Vietnam,” a representative of the Railway Department said.

Source: https://www.baogiaothong.vn/de-xuat-quy-dinh-cong-trinh-duoc-xay-dung-trong-hanh-lang-an-toan-duong-sat-19224101418294938.htm