Creating a legal corridor for the development of high-speed railways and urban railways

Amend the Law to create momentum for railway development.

At the workshop, Mr. Nguyen Huy Hien, Deputy Director of the Vietnam Railway Department, stated that the Railway Law No. 06/2017/QH14 (Railway Law 2017) came into effect on July 1, 2018.

After more than 5 years of implementation, the 2017 Railway Law has proven effective, clearly defining the role of the State in investing in railway infrastructure; mechanisms and preferential policies for organizations and individuals doing business and developing the railway industry; and the responsibilities of each agency in ensuring safety and order, and managing infrastructure assets…

At a workshop held as part of the Aus4Transport program, funded by the Australian Government 's grant, domestic and international experts shared their experiences on policies for developing high-speed rail and urban rail.

However, in practice, there are still some shortcomings and inadequacies. Preferential policies for railway operations are not uniformly regulated, leading to their ineffectiveness in practice; capital mobilization for railway infrastructure investment remains limited; the classification of railway infrastructure assets is inappropriate, resulting in difficulties in asset exploitation; and there are no binding regulations on connecting railways with other modes of transport and connecting freight hubs.

There are no binding regulations on technology transfer, ordering mechanisms, or assigning tasks to domestic organizations and enterprises to carry out certain strategic tasks that serve as a foundation for the development of the railway industry; there is also a lack of mechanisms to shorten the construction time for urban railways and high-speed railways...

Railways are a mode of transport with advantages in terms of high volume, speed, safety, and environmental friendliness; however, in recent years, the priority given to railway development has not been adequate, the infrastructure is outdated, and investment resources have not met development requirements.

The review of legal documents revealed that some regulations on railway transport are inconsistent, leading to a lack of practical implementation, specific regulations, and breakthrough mechanisms and policies for railway development.

Therefore, the drafting of the amended Railway Law is an urgent and necessary requirement for the development of railway infrastructure, creating new opportunities and new impetus for socio-economic development.

"Currently, the draft proposal for the amended Railway Law has been prepared by the Vietnam Railway Authority, the lead agency advising the Ministry of Transport, in accordance with regulations. To date, the Ministry of Transport has fully studied and incorporated the opinions of the Standing Committee of the Government, members of the Government, and opinions from ministries, sectors, agencies, and organizations, and is currently revising and finalizing the dossier," Mr. Hien said.

Applying international best practices.

To support the Vietnam Railway Authority in drafting the Law, the Aus4Transport Program, supported by the Australian Government's Department of Foreign Affairs and Trade (DFAT), is assisting the Vietnamese Ministry of Transport with the project "Best International Practices to Support the Vietnam Railway Authority in Drafting the Revised 2017 Railway Law".

The project will provide support in the following areas: Actively utilizing international best practices in drafting the amended Railway Law; Enhancing capacity building for institutional and regulatory development; Proactively guiding and establishing milestones for the transition to green energy in the railway sector.

Experts share experiences in investing in, constructing, and operating high-speed rail and urban rail systems in various countries (Image: illustration).

The scope of the Project includes: Surveying and researching the current situation in Vietnam, international best practices, and providing policy recommendations on: High-speed rail; Urban rail development models and Transit-oriented Development (TOD) models for urban rail; Climate change adaptation in the railway sector and railway vehicle safety management.

In addition, organize study tours abroad to learn about best international practices; and hold specialized seminars on research topics.

The thematic workshop is a component of the Project, taking place over two days, April 15th and 16th, 2024, with three main themes: High-speed rail; Urban rail; and Climate change.

At the workshop, domestic and international experts shared and discussed international experiences on the legal framework for high-speed rail construction, urban rail, the TOD model, safety management, and issues related to climate change, energy transition, and electrification of the railway sector; focusing on the stakeholders involved in investment, construction, and business. They also offered recommendations for amending the Railway Law on these issues.

Mr. Nguyen Ngoc Dong, former Deputy Minister of Transport and a senior advisor to the Project, emphasized that the recommendations made will be evaluated and used in amending and supplementing the Railway Law in particular and other legal documents in general related to railway development.

"The draft proposal for the revised Railway Law includes assessments at various levels and has been reported to the Prime Minister. However, high-speed rail is a very new field; although it is stipulated in the 2017 Railway Law, it has not yet been implemented. Similarly, the urban rail sector, although invested in and constructed, has not yet developed."

Therefore, specific legal regulations and a legal framework are needed as a basis for developing high-speed rail and urban rail, from mobilizing resources, investment, construction, to operation and ensuring safety in the context of climate change. Evaluating and considering the practical experiences of other countries, so that they can be applied to Vietnamese legal documents, will create a more complete legal framework for the development of railways in general, and high-speed rail and urban rail in particular," Mr. Dong said.

Source: https://www.baogiaothong.vn/tao-hanh-lang-phap-ly-phat-trien-duong-sat-toc-do-cao-duong-sat-do-thi-19224041515095161.htm