Decision No. 61/2007/QD-BGTVT dated December 24, 2007 of the Ministry of Transport promulgating the Regulation on types of railway business enterprises required to have safety certificates and conditions, order and procedures for the grant of safety certificates

DECISION

PROMULGATING THE REGULATION ON TYPES OF RAILWAY BUSINESS ENTERPRISES REQUIRED TO HAVE SAFETY CERTIFICATES AND CONDITIONS, ORDER AND PROCEDURES FOR THE GRANT OF SAFETY CERTIFICATES

THE MINISTER OF TRANSPORT

Pursuant to the June 14, 2005 Railway Law;

Pursuant the Governments Decree No. 34/2003/ND-CP of April 4, 2003, defining the functions, tasks, powers and organizational structure of the Ministry of Transport;

Pursuant to the Governments Decree No. 109/2006/ND-CP of September 22, 2006, detailing and guiding the implementation of a number of articles of the Railway Law;

At the proposal of the director of the Vietnam Railway Administration and the director of the Transport Department,

DECIDES:

Article 1. To promulgate together with this Decision the Regulation on types of railway business enterprises required to have safety certificates and conditions, order and procedures for the grant of safety certificates.

Article 2. This Decision takes effect 15 days after its publication in CONG BAO.

Article 3. The director of the Office, the Chief Inspector, directors of departments of the Ministry, the director of the Vietnam Railway Administration, heads of concerned agencies and units, and concerned individuals shall implement this Decision.

REGULATION

ON TYPES OF RAILWAY BUSINESS ENTERPRISES REQUIRED TO HAVE SAFETY CERTIFICATES AND CONDITIONS, ORDER AND PROCEDURES FOR THE GRANT OF SAFETY CERTIFICATES
(Promulgated together with the Transport Ministers Decision No. 61/2007/QD-BGTVT of December 24, 2007)

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Regulation provides for types of railway business enterprises required to have safety certificates and conditions, order and procedures for the grant of safety certificates.

Article 2. Subjects of application

1. This Regulation applies to organizations and individuals conducting railway business on the network of national railways, urban railways or specialized railways connected or not connected with national railways.

2. In case a treaty to which the Socialist Republic of Vietnam is a contracting party contains provisions different from those of this Regulation, the provisions of that treaty prevail.

Chapter II

TYPES OF RAILWAY BUSINESS ENTERPRISES REQUIRED TO HAVE SAFETY CERTIFICATES, FORM OF SAFETY CERTIFICATES AND SAFETY CERTIFICATE-GRANTING AGENCY

Article 3. Types of railway business enterprises required to have safety certificates

Railway business enterprises of the following types must have valid safety certificates:

1. Railway transport enterprises;

2. Railway infrastructure enterprises.

Article 4. Safety certificates

1. Safety certificate means a certificate granted by a competent state management agency to railway business enterprises which satisfy all prescribed safety conditions for conducting railway business.

2. The form of safety certificate is prescribed in Appendix 1 to this Regulation (not printed herein).

3. A safety certificate is valid for 05 (five) years. One month before the expiration of its safety certificate, the enterprise shall send a dossier to the competent state management agency for renewal of the certificate.

Article 5. Agency managing and granting safety certificates

The Vietnam Railway Administration is the agency managing and granting safety certificates to enterprises that satisfy all conditions prescribed in this Regulation.

Chapter III

CONDITIONS AND PROCEDURES FOR THE GRANT OF SAFETY CERTIFICATES

Article 6. Conditions for the grant of safety certificates to railway infrastructure enterprises

1. Regarding material and technical foundations

a/ Railway infrastructure must be conformable with announced technical standards so as to ensure safety in train operation in accordance with the prescribed speed and load limits.

b/ Special railway vehicles used for railway infrastructure maintenance and repair owned or hired by enterprises must be suitable to railway infrastructure and have registration certificates and valid certificates of conformity with quality, technical safety and environmental protection standards.

2. Regarding human resources

a/ The leader in charge of safety affairs must possess a university degree in railway facilities and have at least three years experience in managing railway infrastructure.

b/ Railway personnel directly administering train operation must possess professional diplomas and certificates suitable to their titles. Particularly, drivers of special railway vehicles must possess licenses for driving special railway vehicles.

3. Regarding the management, maintenance and repair of railway infrastructure

a/ There must be plans on the arrangement of personnel for bridge, tunnel and track patrol, combined bridge, tunnel and crossroad guard and railway infrastructure maintenance and repair in conformity with technical standards and characteristics of railway infrastructure managed by the enterprise.

b/ There must be plans for and processes of management, maintenance and repair of railway infrastructure to ensure its technical safety.

c/ There must be adequate dossiers on technical management of railway infrastructure as prescribed.

d/ There must be adequate records on take-over tests of railway infrastructure as prescribed.

e/ There must be plans in response to accidents and incidents.

Article 7. Conditions for the grant of safety certificates to railway transport enterprises

1. Regarding material and technical foundations

a/ Railway vehicles owned or hired by enterprises must be suitable to railway infrastructure and have registration certificates and valid quality, technical safety and environmental protection certificates.

b/ It is possible to arrange booking offices, waiting lounges, cargo platforms, passenger platforms, cargo sites and other standardized equipment for the transportation of passengers, cargoes, luggage and parcels.

2. Regarding human resources

a/ The leader in charge of safety affairs must possess a university degree in railway transport and at least three years experience in railway transport management.

b/ Railway personnel directly administering train operation must possess professional diplomas and certificates suitable to their titles, be physically fit as prescribed by the labor law and have been trained in labor safety according to law.

3. Regarding transport

Railway transport enterprises must work out the following plans:

a/ Plan on organization of train operations on registered routes in accordance with announced train operation timetables;

b/ Plan on arrangement of staff working on passenger trains and cargo trains and at railway stations in accordance with the characteristics of each train and station;

c/ Plan on assurance of train operation safety;

d/ Plan in response to accidents and incidents.

Article 8. Procedures for the grant of safety certificates

1. Enterprises shall send dossiers of application for safety certificates to the Vietnam Railway Administration.

2. A dossier of application for a safety certificate comprises:

a/ A written request for the grant of a safety certificate, made according to a set form (not printed herein);

b/ A report on the satisfaction of conditions for the grant of safety certificates applicable to the enterprise prescribed in Article 6 or 7 of this Regulation.

3. Within 07 working days after receiving a dossier of application for a safety certificate, the Vietnam Railway Administration shall notify the enterprise of the validity of the dossier and papers to be supplemented to the dossier, if any.

4. The Vietnam Railway Administration shall appraise the satisfaction of conditions for the grant of a safety certificate, issue a decision and grant a safety certificate to the enterprise within 30 days after receiving a valid and complete dossier.

Article 9. Withdrawal of safety certificates

1. Enterprises have their safety certificates temporarily withdrawn in the following cases:

a/ They fail to promptly apply measures to remedy serious accidents caused by subjective factors;

b/ They fail to satisfy one of the prescribed conditions for the grant of safety certificates.

2. Enterprises have their safety certificates withdrawn if their railway business registration certificates are withdrawn or they are suspended from doing railway business by competent authorities.

3. When an enterprise has its safety certificate temporarily withdrawn, it may still conduct railway business but must promptly remedy consequences of the accident or fulfill conditions for the grant of safety certificates prescribed for its type in Article 6 or Article 7 of this Regulation.

4. During the period of temporary withdrawal of safety certificates, enterprises railway business is placed under supervision as follows:

a/ The Vietnam Railway Corporation shall conduct safety supervision of enterprises under its management which have their safety certificates temporarily withdrawn;

b/ The Vietnam Railway Administration shall conduct safety supervision of other enterprises which have their safety certificates temporarily withdrawn.

Article 10. Re-grant of safety certificates

1. Safety certificates may be re-granted to enterprises which have their safety certificates lost or temporarily withdrawn in the following cases:

a/ The enterprise has sufficient grounds to certify the loss of the safety certificate;

b/ The enterprise can prove that it has remedied the cause of an accident and applied measures to ensure safety in the future;

c/ The enterprise meets all conditions prescribed in Article 6 or Article 7 of this Regulation;

d/ The enterprise is re-granted a railway business registration certificate or permitted to resume railway business activities by competent authorities.

2. A dossier of application for re-grant of a safety certificate comprises:

a/ A written request for the re-grant of a safety certificate;

b/ Reports proving the satisfaction of conditions as prescribed in Clause 1 of this Article.

Article 11. Renewal of safety certificates

1. A safety certificate is renewed in the following cases:

a/ It is damaged or rumpled,

b/ Its validity expires.

2. A dossier of application for renewal of a safety certificate comprises:

a/ A written request for renewal of the safety certificate;

b/ The original safety certificate which is damaged, rumpled or expired.

Article 12. Fees

Enterprises with granted, re-granted or renewed safety certificates shall pay fees to the safety certificate-granting agency according to law.

Chapter IV

ORGANIZATION OF IMPLEMENTATION

Article 13. Transitional provisions

Within 24 months after the effective date of this Regulation, enterprises specified in Article 3 of this Regulation which are conducting railway business must complete procedures for the grant of safety certificates.

Article 14. Responsibilities of railway business enterprises

1. To take responsibility for the accuracy of explanation reports in the dossiers of application for safety certificates prescribed in Clause 2, Article 8, of this Regulation.

2. To manage safety certificates and produce them at the request of competent agencies.

3. To ensure the satisfaction of safety conditions throughout their production and business activities.

Article 15. Responsibility of the Vietnam Railway Administration

1. To notify this Regulation to enterprises required to have safety certificates and guide procedures for the grant of safety certificates.

2. To appraise enterprises satisfaction of conditions for the grant of safety certificates and grant safety certificates according to regulations.

3. To implement and direct concerned units to implement this Regulation.

4. To assume the prime responsibility for, and coordinate with concerned agencies in, organizing annual inspection and examination of the observance of this Regulation by railway business enterprises and handle violations in accordance with law.

5. To synthesize and report newly arising problems to the Minister of Transport for settlement.

6. To take responsibility before law and the Minister of Transport for the grant, renewal, re-grant and withdrawal of safety certificates.