Circular 15/2023/TT-BGTVT criteria, tasks and powers of railway personnel directly serving train operations

CIRCULAR

On criteria, tasks and powers of railway personnel directly serving train operations; training contents and programs for institutions training railway personnel to directly serve train operations; conditions, contents and process for tests and grant, re-grant and revocation of train driving licenses

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Pursuant to the Railway Law dated June 16, 2017;

Pursuant to the Government’s Decree No. 56/2022/ND-CP dated August 24, 2022, defining the functions, tasks, powers and organizational structure of the Ministry of Transport;

At the request of the Director of the Transportation Department and the Director of the Vietnam Railways Powers;

The Minister of Transport promulgates the Circular on criteria, tasks and powers of railway personnel directly serving train operations; training contents and programs for institutions training railway personnel to directly serve train operations; conditions, contents and process for tests and grant, re-grant and revocation of train driving licenses

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Circular prescribes criteria, tasks and powers of railway personnel directly serving train operations; training contents and programs for institutions training railway personnel to directly serve train operations; conditions, contents and process for tests and grant, re-grant and revocation of train driving licenses.

Article 2. Subjects of application

1. This Circular applies to organizations and individuals involved in train operations and training of railway personnel directly serving train operations; tests and grant, re-grant and revocation of train driving licenses.

2. This Circular does not apply to drivers of rolling stocks serving equipment installation and testing, and during the execution process of new railway construction projects.

Article 3. Interpretation of terms

1. Urban rail line newly put into operation with technology used for the first time in Vietnam: means an urban rail line that has technology used for the first time in Vietnam, and has commercial operation period less than 01 year.

2. The first train driver on an urban rail line newly put into operation with technology used for the first time in Vietnam: means a person who has been trained in operating and exploiting an urban railway project with a major in train driving under the contract of an urban railway construction project, and has been recommended by an urban railway enterprise to be granted a train driving license on such urban rail line, before the urban rail line is put in commercial operation for 01 full year.

Chapter II

CRITERIA, TASKS AND POWERS OF RAILWAY PERSONNEL DIRECTLY SERVING TRAIN OPERATIONS

Section 1

NATIONAL RAILWAYS OR SPECIALIZED RAILWAYS

Article 4. Titles of railway personnel directly serving train operations on national railways and specialized railways

Railway personnel directly serving train operations on national railways and specialized railways include the titles specified at Points a, b, c, d, dd, e, g, h, i, Clause 1, Article 35 of the Railway Law, deputy captain of passenger trains in charge of safety, and driver of rolling stocks serving the enterprise's technological lines.

Article 5. Train captains

1. Criteria

a) Possessing professional diplomas or certificates at elementary or higher level in train operation or railway transport;

b) Fully meeting health conditions as specified by the Minister of Health;

c) Cargo train captains must have at least 01 year of directly undertaking the work as chief shunters or have a probationary period in accordance with the law on labor as cargo train captains or deputy captains of passenger trains in charge of safety; passenger train captains must have at least 01 year of directly undertaking the work as cargo train captains or deputy captains of passenger trains in charge of safety;

d) Satisfying the requirements for professional tests for train captains organized by enterprises using the title of train captain.

2. Tasks of passenger train captains

a) Acting as the supreme commander on trains, and being responsible for safety, security, order assurance, customer service, and operations of departments on trains;

b) Making records with the participation of witnesses on births, deaths, injuries, and incidents related to security and order that occur on trains; prepare dossiers of railway incidents and accidents in accordance with the law provisions;

c) Fully observing regulations on transportation of cargo, passengers, and luggage by rail, and other law provisions and regulations of enterprises using the title of train captain;

d) Carrying out procedures for requesting rescue and organizing rescue;

dd) Recording and compiling reports on events related to the train journey;

e) In case of a passenger train coupled by multiple trains, the train captain of the last train is the general commander of the passenger train.

3. Tasks of cargo train captains

a) Acting as the supreme commander on cargo trains, and being responsible for safety, security, order assurance, and customer service;

b) Ensuring train operation according to the schedule and orders of train-running controllers, national technical regulations on railway operations, railway signals, train-running procedures and railway shunting;

c) Making records with the participation of witnesses on births, deaths, injuries, and incidents related to security and order that occur on trains; preparing dossiers of railway incidents and accidents in accordance with the law provisions;

d) Fully observing regulations on transportation of cargo and luggage by rail, other law provisions and regulations of enterprises using the title of train captain;

dd) Paying attention to signals on railways, on trains and contents stated in licenses, orders, warnings in order to comply with, and monitor and supervise the observance of train drivers;

e) When passing through each station, a train must confirm its integrity and give a safety signal for station guards. Along the railway, if detecting any phenomenon that threatens the safety of train operations, the train must stop for handling or find a way to notify station guards;

g) Recording promptly, fully and accurately train logbooks and incidents related to train operations;

h) Giving signals for trains to run when safety conditions have been ensured;

i) Commanding train brake testing, participating in brake testing committees in accordance with regulations of enterprises using the title of train captain;

k) Carrying out procedures for requesting rescue and organizing rescue;

l) In case of a cargo train coupled by multiple trains, the train captain of the last train is the general commander of the cargo train.

4. Powers of passenger train captains

a) In urgent cases, passenger train captains have the right to request passengers to take measures to ensure train safety and must immediately report to train dispatchers or the nearest stations about such urgent cases;

b) Refusing to accept personnel that fail to fully meet professional qualifications and health conditions to work under titles on trains; suspending the tasks of train personnel who violate the law provisions and regulations of enterprises, causing unsafe train operations and affecting the quality of customer service. Immediately reporting to competent authorities for resolution when exercising the right of refusal specified at this Point;

c) Deciding on stopping trains at stations or most convenient locations to give first aid to the injured, transfer the injured or dead along with their property and related documents to station masters or police, hospitals, or local authorities for further resolution.

5. Powers of cargo train captains

a) Refusing to run trains when safety requirements are not satisfied;

b) Refusing to accept personnel that fail to fully meet professional qualifications and health conditions to work under titles on trains;

c) Deciding on stopping trains at stations or most convenient locations to give first aid to the injured, transfer the injured or dead along with their property and related documents to station masters or police, hospitals, or local authorities for further resolution.

6. For trains that do not have deputy captains of passenger trains in charge of safety, passenger train captains must fully perform the tasks and powers of deputy captains of passenger trains in charge of safety.

Article 6. Deputy captains of passenger trains in charge of safety

1. Criteria

a) Possessing professional diplomas or certificates at elementary or higher level in train operation or railway transport;

b) Fully meeting health conditions as specified by the Minister of Health;

c) Working as cargo train captains for at least 01 year or having a probationary period in accordance with the law on labor;

d) Satisfying the requirements for professional tests for deputy captains of passenger trains in charge of safety organized by enterprises using the title of deputy captain of passenger train in charge of safety.

2. Tasks

a) Ensuring train operation according to the schedule and orders of train-running controllers, national technical regulations on railway operations, railway signals, train-running procedures and railway shunting;

b) Paying attention to signals on railways, on trains and contents stated in licenses, orders, warnings in order to comply with, and monitor and supervise the observance of train drivers;

c) Giving signals for trains to run when safety conditions have been ensured;

d) When passing through each station, a train must confirm its integrity and make a safety signal for station guards. Along the railway, if detecting any phenomenon that threatens the safety of train operations, the train must stop for handling or find a way to notify station guards;

dd) Recording promptly, fully and accurately train logbooks and incidents related to train operations;

e) Commanding train brake testing, participating in brake testing committees in accordance with regulations of enterprises using the title of deputy captain of passenger train in charge of safety;

g) Carrying out procedures for requesting rescue and organizing rescue as assigned by passenger train captains;

h) In case of a passenger train coupled by multiple trains, the deputy captain of passenger train in charge of safety of the last train is the deputy captain of passenger train in charge of safety of the coupled train.

3. Powers

a) Refusing to run trains when safety requirements are not satisfied;

b) Refusing to accept personnel that fail to fully meet professional qualifications and health conditions to work under titles on trains.

Article 7. Train drivers

1. Criteria

a) Possessing valid train driving licenses granted by competent authorities in accordance with the law provisions;

b) Fully meeting health conditions as specified by the Minister of Health;

c) For cargo trains that do not have train captains, cargo train drivers must be trained in cargo train captain professions; possessing certificates of cargo train captain training issued by qualified training institutions and passing tests on cargo train driving without train captains organized by enterprises using the title of train driver.

2. Tasks

a) Grasping and properly implementing regulations related to the scope of their work in national technical regulations on railway operations, railway signals, train-running procedures and railway shunting;

b) Mastering the operating procedures of train crew, locomotive usage methods, railway and bridge conditions, signal locations and train operation timetables;

c) Operating the locomotive safely, not exceeding the speed limit, according to the schedule of train operation timetables and train command orders;

d) Upon occurrence of railway accidents, train drivers must urgently stop trains;

dd) Only permitted to operate trains when possessing train driving licenses corresponding to the type of rolling stocks being operated;

e) Before running a train, the train driver must check and confirm possessions that permit the occupation of station-to-station sections, confirm the accuracy of signals for train to run by the train captain and direct station train running operator, even when a locomotive moves on its own;

g) While running a train, the train driver is responsible for checking the technical conditions of the locomotive and other issues related to locomotive safety and train operation safety according to regulations, alertly monitoring and complying with the indications of signal boards, sign boards, and sign marks on the railway, observing railway and bridge conditions and signal indications, and examining the effect of the automatic braking system according to the national technical regulations on railway operations, especially in the case where the train goes up and down steep and long slopes;

h) Instructing and supervising assistant drivers in train driving practice, and taking main responsibility for train operation safety during the train driving practice.

3. For a train without a train captain (a locomotive moving on its own, or a cargo train using tail equipment without a train captain), in addition to the tasks specified in Clause 2 of this Article, the train driver must perform the following additional tasks:

a) Acting as the supreme commander on the train, and taking responsibility for ensuring safe train operations;

b) Paying attention to signals on the railway, on the train and contents stated in licenses, orders, warnings in order to ensure safe train operations;

c) When passing through each station, a train must confirm its integrity through the train's tail signal equipment. Along the railway, if detecting any phenomenon that threatens the safety of train operations, the train must stop for handling or find a way to notify station guards (including the case where the train doesn’t stop at the station);

d) Testing train braking in the case where a train stops along the railway for more than 20 minutes or at stations without a train inspection station with carriage uncoupling. Participating in train brake testing committees at stations where the train departs from and at stations where the train performs technical operations;

dd) Carrying out procedures for requesting rescue and participating in rescue;

e) Recording logs and preparing reports related to train journeys;

g) Delivering and receiving sealed documents related to cargo transportation according to regulations of enterprises using the title of train driver;

h) In case of a train coupled by multiple cargo trains, the driver of the first train is the general commander of the train;

i) When a train has 02 or more locomotives pulling the train without a train captain, the locomotive driver is the supreme commander on the train.

4. Powers

a) Refusing to run the locomotive or train if it is deemed that the locomotive or train does not meet the necessary safety conditions, and immediately reporting to the head of enterprise or direct station train running operator for resolution;

b) Suspending the train assistant driver when he/she commits a violation against the national technical regulations on railway operations or operational procedures, which threatens safe train operations, and immediately notifying the direct leader in charge to arrange a replacement;

c) For a cargo train without a train captain, the train driver has additional powers as specified in Clause 5, Article 5 of this Circular.

Article 8. Drivers of rolling stocks serving enterprises’ technological lines

1. Scope of operation

Operating rolling stocks serving enterprises’ technological lines on specialized railways located within the internal boundaries of such enterprises, not passing through residential areas, not intersecting with the road system, not connecting to national railways, urban railways or other specialized railways.

2. Criteria

a) Possessing professional diplomas or certificates at elementary or higher level in driving rolling stocks appropriate to the type of vehicle in charge;

b) Fully meeting health conditions as specified by the Minister of Health;

c) Having a probationary period in accordance with the law on labor and passing tests on train driving professions organized by enterprises using this title.

3. Tasks

a) Grasping and properly implementing regulations related to the scope of work according to the specialized railway operation procedures prescribed by enterprises using this title;

b) Mastering the operating procedures of drivers of rolling stocks serving enterprises’ technological lines, methods of using rolling stocks, railway and bridge conditions, signal locations and operating diagrams;

c) Operating rolling stocks safely, not exceeding the speed limit, and in accordance with the operating diagrams and train command orders;

d) Upon occurrence of railway accidents, drivers must urgently stop rolling stocks;

dd) Before running rolling stocks, drivers must confirm that the safety conditions for train operations are satisfied;

e) While running rolling stocks, drivers shall be responsible for checking their technical conditions and other issues related to safety and train operation safety, alertly monitoring and complying with the indications of signal boards, sign boards, and sign marks on the railway, observing road and bridge conditions and signal indications, and examining the effectiveness of the automatic braking system.

4. Powers: Refusing to allow rolling stocks to run if deemed to not meet the necessary safety conditions, and immediately reporting to the head of enterprises for resolution.

Article 9. Train assistant drivers

1. Criteria

a) Possessing professional diplomas or certificates at elementary or higher level in driving rolling stocks appropriate to the type of vehicle in charge;

b) Fully meeting health conditions as specified by the Minister of Health;

c) Having a probationary period in accordance with the law on labor, and passing tests on train driving assistant operations organized by enterprises using the title of train assistant driver.

2. Tasks

a) Assisting train drivers during the train operation, monitoring the train speed and observing signals to promptly notify the train drivers for handling;

b) During the train operation, alertly monitoring and observing the railway and bridge situations, and notifying train drivers to comply with the indications of signal boards, sign boards, and sign marks on the railway;

c) Performing other tasks as assigned by train drivers.

3. Powers

a) Notifying train drivers to stop the trains when detecting risks causing unsafe train operations;

b) Practicing train driving profession under the guidance and supervision of train drivers.

Article 10. Line-train running dispatchers

1. Criteria

a) Possessing a college or higher diploma in train running control or trail transportation for line-train running dispatchers on the national railways and specialized railways connecting tracks to the national railways; possessing a diploma of intermediate or higher level in train running control or railway transportation for line-train running dispatchers on specialized railways not connected to the national railways;

b) Fully meeting health conditions as specified by the Minister of Health;

c) Having at least 01 year of directly undertaking the work as a direct station train running dispatcher, direct station train running operator, or train captain;

d) Passing tests on train dispatching professions organized by enterprises using the title of line-train running dispatcher.

2. Tasks

a) Directly commanding train operations according to train operation timetables on assigned railways and depot-to-depot sections;

b) Directly conveying orders to competent authorities on train operations and rescue in case of train accidents.

3. Powers

a) Ordering a blockade of station-to-station sections, a speed warning to relevant units, or suspension of train operations if it is deemed that there is a risk of unsafe train operations;

b) Suspending tasks for the following titles: direct station train running dispatcher, direct station train running operator, train driver, train assistant driver, train captain, deputy captain of passenger train in charge of safety within depot-to-depot sections for which he/she is responsible in the case where he/she is on watch but commits a violation against the national technical regulations on railway operations, railway signals, train running procedures and railway shunting, operational procedures, which threatens safe train operations, and immediately reporting to the heads of relevant units to arrange replacements.

Article 11. Direct station train running dispatchers

1. Criteria

a) Possessing a college or higher diploma in train operation or railway transportation for direct station train running dispatchers on the national railways and specialized railways connecting tracks to the national railways; possessing a diploma of intermediate or higher level in train operation or railway transportation for direct station train running dispatchers on specialized railways not connected to the national railways;

b) Fully meeting health conditions as specified by the Minister of Health;

c) Having at least 01 year of directly undertaking the work as a direct station train running operator or train captain;

d) Passing tests on train dispatching operations organized by enterprises using the title of direct station train running dispatcher.

2. Tasks: Directly preparing and organizing the implementation of plans for train formation, cargo loading and unloading, passenger reception and see-off, train shunting, train reception and see-off, and other related tasks at stations according to train operation timetables and line-train running dispatchers, and the national technical regulations on railway operations, railway signals, train operating procedures and railway shunting.

3. Powers

a) Suspending train operation in the station area if it is deemed that there is a risk of unsafe train operation, and immediately notifying line-train running dispatchers;

b) Suspending tasks for the following titles: direct station train running operator, chief shunter, switchman, or coupler in the case where he/she is on watch but commits a violation against the national technical regulations on railway operations, railway signals, train running procedures and railway shunting, operational procedures, which threatens safe train operations, and immediately reporting to station masters to arrange replacements.

c) Reporting and requesting enterprises using the title of train captain, deputy captain of passenger train in charge of safety, train driver, or assistant driver to suspend his/her tasks in the case where he/she is on watch but commits a violation against the national technical regulations on railway operations, railway signals, train running procedures and railway shunting, operational procedures, which threatens safe train operations.

Article 12. Direct station train running operators

1. Criteria

a) Possessing professional diplomas or certificates at elementary or higher level in train operation or railway transport;

b) Fully meeting health conditions as specified by the Minister of Health;

c) Having experience in directly undertaking the three titles of chief shunter, switchman, and coupler; in which each title has a job duration of at least 02 months;

d) Passing tests on direct station train running operations organized by enterprises using the title of direct station train running operator.

2. Tasks

a) Managing the implementation of train formation, cargo loading and unloading, passenger reception and see-off, train shunting, train reception and see-off, and other related tasks at stations according to train operation timetables, orders of train operation commanders, and the national technical regulations on railway operations, railway signals, train operating procedures and railway shunting.

b) Inspecting necessary safety conditions in accordance with technical regulations and other issues related to safety for people, vehicles, equipment and goods while on duty;

c) Making dossiers of railway incidents and accidents in accordance with the law provisions.

3. Reporting and requesting enterprises using the title of

a) Refusing to organize train operations if it is deemed that the necessary safety conditions are not satisfied, and immediately reporting to direct station train running dispatchers and line-train running dispatchers;

b) Suspending tasks for the following titles: chief shunter, switchman, or coupler in the case where he/she is on watch but commits a violation against the national technical regulations on railway operations, railway signals, train running procedures and railway shunting, operational procedures, which threatens safe train operations, and immediately reporting to station masters to arrange replacements (for stations without the title of direct station train running dispatcher);

c) Reporting and requesting enterprises using the title of train captain, deputy captain of passenger train in charge of safety, train driver, assistant driver, crossroad or combined bridge guard, or tunnel guard to suspend his/her tasks in the case where he/she is on watch but commits a violation against the national technical regulations on railway operations, railway signals, train running procedures and railway shunting, operational procedures, which threatens safe train operations.

Article 13. Chief shunters

1. Criteria

a) Possessing professional diplomas or certificates at elementary or higher level in train operation or railway transport;

b) Fully meeting health conditions as specified by the Minister of Health;

c) Having experience in directly undertaking both titles of switchman and coupler; in which the job tenure of each title at locomotive or carriage repair and startup stations is at least 02 months;

d) Passing tests on operations of chief shunters organized by enterprises using the title of chief shunter.

2. Tasks

a) Being under the command and control of direct station train running operators to organize and carry out the work of shunting and coupling locomotives and carriages in service of train operations, cargo loading and unloading, and passenger transport according to train command orders, national technical regulations on railway operations, railway signals, train operation procedures and railway shunting, station technical management rules;

b) Checking the necessary safety conditions in accordance with the provisions of technical regulations and other issues related to safe train operations while on duty.

3. Powers

a) Stopping train shunting if it is deemed that the necessary safety conditions are not satisfied, and immediately reporting to direct station train running operators;

b) Reporting and requesting direct station train running dispatchers or direct station train running operators (for stations without the title of direct station train running dispatcher) to suspend the tasks of switchmen or couplers in the case where he/she is on watch but commits a violation against national technical regulations on railway operations, railway signals, train-running procedures and railway shunting, station technical management rules, which threatens safe train operations.

Article 14. Switchmen

1. Standards

a) Possessing professional diplomas or certificates at elementary or higher level in train operation, railway transport, switching and coupling;

b) Fully meeting health conditions as specified by the Minister of Health;

c) Having a probationary period in accordance with the law on labor and passing tests on operations of switchman organized by enterprises using the title of switchman.

2. Tasks

a) Being under the command and control of direct station train running operators to manage, supervise, check, use switches, and work as locomotive and road guides in order for stations to organize train operations according to train operation tables, train operation command orders, national technical regulations on railway operations, railway signals, train-running procedures and railway shunting, and station technical management rules;

b) Checking the necessary safety conditions in accordance with the provisions of technical regulations and other issues related to train safety while on duty.

3. Powers: Giving signals to stop trains if the necessary safety conditions are not satisfied, and immediately reporting to direct station train running operators.

Article 15. Couplers

1. Criteria

a) Possessing professional diplomas or certificates at elementary or higher level in train operation, railway transport, switching or coupling;

b) Fully meeting health conditions as specified by the Minister of Health;

c) Having a probationary period in accordance with the law on labor and passing tests on locomotive and carriage coupling operations organized by enterprises using the title of coupler.

2. Tasks

a) Being under the command and control of direct station train running operators to work as locomotive and road guides, and being under the direct command and control of chief shunters to carry out the work of shunting and coupling locomotives and carriages according to national technical regulations on railway operations, railway signals, train-running procedures and railway shunting, station technical management rules;

b) Checking the necessary safety conditions in accordance with the provisions of technical regulations and other issues related to train safety while on duty.

3. Powers: Temporarily stopping working as locomotive and road guides and immediately notifying direct station train running operators if the necessary safety conditions are not satisfied; Temporarily stopping implementing the train shunting plan if the necessary safety conditions are not satisfied and immediately reporting to chief shunters.

Article 16. Railway, bridge and tunnel patrollers

1. Criteria

a) Being workers in charge of maintaining and repairing railways, railway bridges, and railway tunnels with 03 years or more of work experience, and possessing professional diplomas or certificates in railway, railway bridge, and railway tunnel patrol;

b) Fully meeting health conditions as specified by the Minister of Health;

c) Having a probationary period in accordance with the law on labor and passing tests on operations for railway, railway bridge, and railway tunnel patrol organized by enterprises using the titles of railway, bridge and tunnel patrollers.

2. Tasks

a) Inspecting, monitoring, promptly detecting damages and obstacles and handling them to ensure safe train operations within the assigned boundaries, fully recording them in the patrol book, and reporting to superiors according to regulations;

b) Repairing and promptly resolving minor damages and obstacles, participating in maintenance of bridges, railways and tunnels as assigned;

c) Promptly defending, quickly informing or signaling to stop trains when detecting damages or obstacles that threaten traffic safety;

d) Participating in protecting railway infrastructure and rolling stocks within the assigned scope.

3. Powers: Taking measures to signal to stop trains if the necessary safety conditions for running trains are not satisfied, and immediately reporting to direct station train running operators at starting points of station-to-station sections and superior leaders.

Article 17. Crossroad and combined bridge guards

1. Criteria

a Possessing professional diplomas or certificates at elementary or higher level in railway, railway bridge, crossroad, combined bridge, and railway tunnel guards;

b) Fully meeting health conditions as specified by the Minister of Health;

c) Having a probationary period in accordance with the law on labor and passing tests on operations for crossroad, combined bridge or railway tunnel guard organized by enterprises using the titles of crossroad, combined bridge or railway tunnel guard.

2. Tasks

a) Timely closing and opening crossroad and road barriers at combined bridges, ensuring safety for passers-by and vehicles participating in road traffic when rolling stocks pass by;

b) Checking and preserving equipment for blocking crossroads and combined bridges in accordance with the national technical regulations on railway operations;

c) When detecting acts or incidents that are likely to obstruct or cause unsafety to railway traffic, promptly notifying the nearest stations and immediate superior leaders for taking remedial measures;

d) Fully recording logbooks of crossroads and combined bridges;

dd) Performing other tasks in accordance with the law on crossroads and combined bridges.

3. Powers

a) Signaling to stop trains in case of emergency that directly threatens safe train operations;

b) Stopping road vehicles when crossroads and combined bridges do not ensure safety for vehicles to pass by.

Article 18. Railway tunnel guards

1. Criteria: Complying with Clause 1, Article 17 of this Circular.

2. Tasks

a) Preventing unauthorized people and animals from entering railway tunnels;

b) Inspecting and protecting railway infrastructure within railway tunnels to ensure safety;

c) When detecting acts or incidents that are likely to obstruct or cause unsafety to railway traffic, promptly notifying the nearest stations and superior leaders for taking remedial measures;

d) Fully record the railway tunnel guard diary;

dd) Performing other tasks in accordance with the railway infrastructure maintenance procedures.

3. Powers: Signaling to stop trains in case of emergency that directly threatens safe train operations.

Article 19. Holding of titles of railway personnel directly serving train operation on national railways and specialized railways

1. Railway personnel directly serving train operations may perform the tasks of other titles as assigned by employers according to the following regulations:

a) The title of line-train running dispatcher may perform the tasks of direct station train running dispatcher, direct station train running operator, train captain, deputy captain of passenger train in charge of safety, chief shunter, switchman and coupler;

b) The title of direct station train running dispatcher may perform the tasks of direct station train running operator, train captain, deputy captain of passenger train in charge of safety, chief shunter, switchman and coupler;

c) The title of direct station train running operator may perform the tasks of train captain, deputy captain of passenger train in charge of safety, chief shunter, switchman and coupler;

d) The title of train captain may perform the tasks of deputy captain of passenger train in charge of safety, direct station train running operator, chief shunter, switchman and coupler;

dd) The title of deputy captain of passenger train in charge of safety may perform the tasks of cargo train captain, direct station train running operator, chief shunter, switchman and coupler;

e) The title of chief shunter may perform the tasks of switchman and coupler;

g) The title of train driver may perform the tasks of train assistant driver;

h) The titles of switchman and coupler may perform the same tasks;

i) The titles of railway patroller, bridge patroller and tunnel patroller may perform the same tasks;

k) The titles of combined bridge guard, crossroad guard, and tunnel guard may perform the same tasks;

2. Depending on operating technology and operational volume, enterprises using the titles specified in Article 4 of this Circular may arrange the appropriate number of titles for railway personnel directly serving train operations, and assign specific tasks to each position to perform the tasks and powers specified in Section 1, Chapter II of this Circular in order to ensure safe train operations.

3. Railway personnel directly serving train operation must not undertake the job according to the title for more than 06 consecutive months. If wishing to continue to undertake the job according to the title, they must pass a professional test organized by, and meet the requirements prescribed by, the enterprise that use the title.

Section 2

URBAN RAILWAYS

Article 20. Titles of railway personnel directly serving train operations on urban railways

1. Train running dispatcher.

2. Train driver.

3. Personnel serving train operations at stations.

4. Safety support personnel on trains.

Article 21. Train running dispatcher

1. Criteria

a) Possess a college degree or higher in one of the majors in railway operation, transport, or urban railway operation;

b) Fully meeting health conditions as specified by the Minister of Health;

c) Having a probationary period in accordance with the law on labor; passing tests on urban railway dispatching operations organized by urban railway enterprises; meeting the professional requirements for the title of urban railway running dispatcher through projects’ technology transfer training process for urban railway lines newly put into operation with technology used for the first time in Vietnam.

2. Tasks

a) Directly commanding train operations according to train operation tables on assigned railway lines;

b) Directly conveying orders to mobilize and command trains to participate in repair and rescue upon occurrence of accidents or incidents during train operations;

c) Directly commanding and ordering units to carry out repair and rescue upon occurrence of incidents during train operations;

d) Directly commanding regarding the time of maintenance and repair of railway works.

3. Powers

a) Ordering a blockade of station-to-station sections, a speed warning to relevant units, or suspension of train operations if it is deemed that there is a risk of unsafe train operations;

b) Suspending tasks for the title of train driver, personnel serving train operations at a station, or safety support personnel on a train in the case where he/she is on watch but commits a violation against the national technical regulations on urban railway operation and maintenance, and operational procedures which threatens safe train operations, and immediately notifying his/her direct leader to arrange a replacement;

c) Ordering changes in operating methods and driving methods; ordering changes in routes and train operating plans; and ordering the evacuation of passengers and blockade of the station;

d) Suspending construction, inspection, maintenance and repair of railway works when safety conditions are not satisfied.

Article 22. Train drivers

1. Criteria

a) Having valid train driving licenses granted by competent state agencies in accordance with this Circular;

b) Fully meeting health conditions as specified by the Minister of Health.

2. Tasks

a) Directly operating trains safely within the prescribed speed limit according to train running timetables, carrying out train operation commands of train running dispatchers and operating procedures, and participating in solving traffic incidents and accidents on urban railway lines;

b) Guiding and supervising train driving practices of personnel who have been granted an urban train driving license or certificate, and taking main responsibility for safe train operations during the process of guiding and supervising train driving practices.

3. Powers: Refusing to run trains if it is deemed that the necessary safety conditions are not satisfied, and immediately reporting to train running dispatchers.

Article 23. Personnel serving train operations at stations

1. Criteria

a) Possessing professional diplomas or certificates at elementary or higher level in one of majors of railway or urban railway transport and operation;

b) Fully meeting health conditions as specified by the Minister of Health;

c) Having a probationary period in accordance with the law provisions; passing tests on train service operations at stations organized by urban railway enterprises; or meeting the professional requirements for the title of personnel serving train operations at urban railway stations through projects’ technology transfer training process for urban railway lines newly put into operation with technology used for the first time in Vietnam.

2. Tasks: Implementing train operation commands of train running dispatchers, and directly participating in resolving and taking remedial measures for train incidents and accidents at stations.

3. Powers: Signaling to stop trains, or not allowing trains to run if it is deemed that the necessary safety conditions are not satisfied, and immediately reporting to train running dispatchers.

Article 24. Safety support personnel on trains

1. Criteria

a) Possessing professional diplomas or certificates at elementary or higher level in one of majors of railway or urban railway transport and operation;

b) Fully meeting health conditions as specified by the Minister of Health;

c) Having a probationary period in accordance with the law on labor; passing tests on safety support operations on trains organized by urban railway enterprises; or meeting the professional requirements for the title of safety support personnel on urban railway trains through projects’ technology transfer training process for urban railway lines newly put into operation with technology used for the first time in Vietnam.

2. Tasks: Supporting train drivers to inspect, supervise and ensure safety for passengers embarking and disembarking from trains, and notifying train drivers to operate trains safely, and coordinating with train drivers in solving railway traffic incidents and accidents on railway lines.

3. Powers: Signaling to stop trains, and notifying drivers not to allow trains to run if it is deemed that the necessary safety conditions are not satisfied.

Article 25. Holding of titles of railway personnel directly serving train operations on urban railways

1. Railway personnel directly serving train operations may perform the tasks of other title as assigned by employers as follows:

a) The title of train driver may perform the tasks of safety support personnel on trains and personnel serving train operations at stations;

b) The title of train running dispatcher may perform the tasks of personnel serving train operations at stations and safety support personnel on trains.

2. Depending on operating technology and operational volume, enterprises using the titles specified in Article 20 of this Circular may arrange the appropriate number of titles of railway personnel directly serving train operations, and assign specific tasks for each position to perform the tasks and powers specified in Section 2, Chapter II of this Circular in order to ensure safe train operations.

3. Train drivers must be professionally trained and tested when changing urban railway lines. Urban railway enterprises shall provide professional training and tests for these train drivers.

4. Railway personnel directly serving train operations must not undertake the job according to their title for more than 6 consecutive months. If wishing to continue to undertake the job, they must pass a professional test organized by, and meet the requirements prescribed by, the urban railway enterprise.

Chapter III

CONTENTS AND PROGRAM FOR TRAINING OF RAILWAY PERSONNEL DIRECTLY SERVING TRAIN OPERATIONS

Article 26. Professional training contents and programs

1. Professional training contents and programs at elementary or higher level for the titles of personnel directly serving train operations specified in Articles 5, 6 7, 8, 9, 10, 11, 12, 13, 14, 15, 17, 18, and 20 of this Circular shall comply with the law provisions on vocational education and higher education.

2. The contents of professional training programs for the titles of personnel directly serving train operations specified in Articles 16 of this Circular shall comply with Appendix I issued with the Circular.

Chapter IV

CONDITIONS AND PROCEDURES FOR GRANT, RE-GRANT AND REVOCATION OF TRAIN DRIVING LICENSES

Article 27. Train driving licenses

1. Train driving licenses for national railways and specialized railways include the following types:

a) Diesel locomotive driving license (also applicable to diesel carriage driving);

b) Electric locomotive driving license (also applicable to electric carriage driving);

c) Steam locomotive driving license;

d) Specialized rolling stock driving license.

2. Train driving licenses for urban railways include the following types:

a) Electric train driving license (also applicable to electric locomotive driving);

b) Diesel locomotive driving license;

c) Specialized rolling stock driving license;

d) Train driving license specified at Points a, b or c of this Clause granted to foreign train drivers.

3. A train driving license is valid for 10 years from the issuing date. The form of train driving license is specified in Appendix II issued with this Circular.

4. Use of train driving licenses

a) A train driver may only drive rolling stocks specified in his/her train driving license and must carry his license when driving;

b) A train driver on national railways may drive corresponding rolling stocks on specialized railways. Specialized railway enterprises shall provide professional training and tests for these train drivers;

c) If a train driver does not drive a train according to a license for 12 months or more, such license shall be no longer valid. If he/she wants to retake this title, he/she must follow the procedures prescribed in Articles 30 and 32 of this Circular.

Article 28. Conditions for grant of train driving licenses

A person who is granted a train driving license must satisfy the following conditions:

1. For a train driver on currently operating railways

a) Having the age specified at Point a, Clause 3, Article 36 of the Railway Law; fulling meeting health requirements to drive rolling stocks in accordance with the Minister of Health;

b) Possessing a diploma or certificate of elementary or higher level in driving rolling stocks appropriate to the type of rolling stock tested by a training institution;

c) Having worked as a train assistant driver with safe train operations for 24 consecutive months or more for the type of train driving license specified at Points a, b, c, Clause 1, Article 27 of this Circular; 12 consecutive months or more for the type of driving license specified at Point d, Clause 1, Article 27 of this Circular;

d) Having gone through a test and being assessed by a testing council for train driving licenses (hereinafter referred to as the testing council) as meeting the requirements as prescribed in this Circular.

2. For the first train driver on an urban railway line newly put into operation with technology used for the first time in Vietnam

a) Having the age specified at Point a, Clause 3, Article 36 of the Railway Law; fully meeting health requirements to drive rolling stocks as specified by the Minister of Health;

b) Possessing a diploma or certificate of elementary or higher level in driving rolling stocks appropriate to the type of rolling stock tested by a Vietnamese training institution; or a rolling stock driving license or certificate appropriate to the type of rolling stock tested by a foreign organization through the project's training and technology transfer process;

c) Meeting the testing conditions and being assessed by the testing council as meeting the requirements as prescribed in this Circular.

Article 29. Train driving licensing agencies

1. The Vietnam Railways Authority shall organize tests for, grant, re-grant, and revoke train driving licenses on national railways, urban railways, and specialized railways, except for the provisions in Clause 2 of this Article.

2. People's Committees of provinces and centrally-run cities with specialized railways and urban railways specified in Appendix III issued with this Circular (hereinafter referred to as provincial-level People's Committees) shall organize tests for, grant, re-grant, and revoke train driving licenses on urban railways and specialized railways in accordance with this Circular.

Article 30. Procedures for grant of train driving licenses to train drivers on currently operating railways

1. A dossier requesting tests for grant of a train driving license shall comprise:

a) The original written or electronic request for organizing tests for grant of a train driving license by the railway enterprise (hereinafter referred to as enterprise), made according to the form provided in Appendix IV to this Circular;

b) Personal dossier:

The original or electronic request for tests for grant of the train driving license, made according to the form provided in Appendix V to this Circular;

The original or electronic copy, or certified copy, or certified electronic copy of the certificate of meeting health requirements for train driving as specified by the Minister of Health;

A certified copy or certified electronic copy of the license or specialized certificate in driving rolling stocks appropriate to the type of rolling stock being tested;

03 color portrait photos or electronic photos sized 3x4cm, taken within a period of no more than 6 months up to the date of dossier submission.

2. Forms of dossier submission

An enterprise shall submit 01 dossier to a train driving licensing agency in one of the following forms:

a) Submitting the dossier directly at the single-window section;

b) Submitting the dossier via the online public service portal or the national public service portal;

c) Submitting the dossier by post or other appropriate forms.

3. Dossier receipt and examination of train driving licensing agencies

a) In the case where a dossier is not satisfied in accordance with regulations, within 01 working day from the date of receiving the dossier through the single-window section or online public service portal; or 02 working days from the date of receiving the dossier in other forms, the train driving licensing agency shall notify and guide the enterprise to complete the dossier in accordance with regulations;

b) In the case where a dossier is complete in accordance with regulations, the train driving licensing agency shall carry out the procedures as prescribed in Clause 4 of this Article.

4. Organization of tests for grant of train driving licenses

a) Within 02 working days from the date of receiving a complete and valid dossier, the train driving licensing agency shall issue a decision to organize a test for granting a train driving license, decide to establish a testing council, and notify in writing to the enterprise. In particular, the decision to organize the test must clearly state the form of the theoretical test (written test or multiple-choice test), list of candidates eligible to take the test, type of driving license registered for the test, and type of test vehicle for each candidate;

b) Within a maximum period of 03 months from the date of establishment decision, the testing council shall coordinate with enterprises to organize the test according to the contents and process specified in this Circular, and report the results to the train driving licensing agency. In the case where the test is not completed within the above time limit, the testing council must report to the train driving licensing agency, clearly state the reasons, and propose to extend the time limit or end the test. The period shall only be extended once for no more than 01 month;

c) Within 03 working days after the test results are available, the train driving licensing agency shall grant a train driving license to those who meet the requirements. In the case where a train driving license is not granted, the train driving licensing agency shall notify enterprises in writing and clearly state the reasons.

Article 31. Procedures for grant of train driving licenses to the first train driver on urban railway lines newly put into operation with technology used for the first time in Vietnam

1. A dossier requesting tests for grant of a train driving license shall comprise:

a) Original paper or electronic copies of the following documents: Written request for grant of a train driving license from the enterprise, made according to the form provided in Appendix VI to this Circular, and written confirmation from the enterprise or project owner (or organization assigned by the project owner to manage the urban railway project) on qualified personnel and safe train operations during the trial operation of the entire system under project, made according to the form provided in Appendix VII to this Circular;

b) A certified copy or certified electronic copy of the minute of satisfactory acceptance of items of training human resources to operate the urban railway project specializing in train driving under the project contract, accompanied by a list of personnel requested for grant of a train driving license;

c) Personal dossier:

The original or electronic request for tests for grant of the train driving license, made according to the form provided in Appendix VIII to this Circular;

The original or electronic copy, or certified copy, or certified electronic copy of the certificate of meeting health requirements for train driving as specified by the Minister of Health;

A certified copy or certified electronic copy of the diploma or certificate of elementary or higher level in driving rolling stocks that is appropriate to the type of tested rolling stock, and granted by a Vietnamese training institution, or diploma or certificate or certification of completing training courses on driving rolling stocks that is appropriate to the type of tested rolling stock and granted by a foreign organization through the training and technology transfer process under the project; certificate or certification of completing training courses in urban railway laws granted by a competent training institution;

03 color portrait photos or electronic photos sized 3x4cm, taken within a period of no more than 6 months up to the date of dossier submission.

2. Time limit and forms of dossier submission

An enterprise shall submit 01 dossier to the train driving licensing agency according to one of the forms specified in Clause 2, Article 30 of this Circular, no later than the date on which the urban railway is commercially operated and exploited for 1 full year. After this time, the grant of a train driving license shall comply with Article 30 of this Circular.

3. Dossier receipt and examination of train driving licensing agencies

a) In the case where a dossier is not satisfied in accordance with regulations, within 01 working day from the date of receiving the dossier through the single-window section or online public service portal; or 02 working days from the date of receiving the dossier in other forms, the train driving licensing agency shall notify and guide the enterprise to complete the dossier in accordance with regulations;

b) In the case where a dossier is complete in accordance with regulations, the train driving licensing agency shall carry out the procedures as prescribed in Clause 4 of this Article.

4. Organization of considering dossiers requesting for grant of train driving licenses

a) Within 02 working days from the date of receiving a complete dossier in accordance with regulations, the train driving licensing agency shall issue a decision to establish a testing council;

b) Within 03 working days from the issuing date of its establishment decision, the testing council shall consider the dossier and report the results to the train driving licensing agency;

c) Within 03 working days from the date of receiving the testing council's report on the results of dossier consideration, the train driving licensing agency shall grant a train driving license to the cases that meet the requirements. In case of refusal, the train driving licensing agency shall notify the enterprise in writing and clearly state the reasons.

Article 32. Procedures for grant of urban railway driving licenses to foreigners who have already been granted train driving licenses by foreign train driving licensing agencies

1. A dossier requesting for grant of a train driving license shall comprise:

a) The original or electronic copy of the written request for grant of a train driving license from the enterprise hiring a foreigner who has already been granted a train driving license by a foreign train driving licensing agency, made according to the form provided in Appendix IX to this Circular;

b) The original or electronic copy or certified copy or certified electronic copy of the labor contract between the urban railway enterprise and the foreign train driver;

c) A certified copy or certified electronic copy of the results of tests on train driving capacity and operations on urban railways for each train driver organized by the urban railway enterprise according to the contents specified in Sections 3 and 4, Chapter VI of this Circular;

d) Personal dossier:

The original or electronic copy of the written request for grant of a train driving license, made according to the form provided in Appendix X to this Circular;

The original or electronic copy or certified copy or certified electronic copy of the certificate of meeting health requirements for train driving as specified by the Minister of Health;

A certified copy or certified electronic copy of the valid train driving license that has been granted by a foreign competent agency with technology compatible with the railway line that the foreigner is hired to operate, and notarized and translated into Vietnamese;

03 color portrait photos or electronic photos sized 3x4cm, taken within a period of no more than 6 months up to the date of dossier submission.

2. Forms of dossier submission

An enterprise shall submit 01 dossier to the train driving licensing agency according to one of the forms specified in Clause 2, Article 30 of this Circular.

3. Dossier receipt and examination of train driving licensing agencies

a) In the case where a dossier is not satisfied in accordance with regulations, within 01 working day from the date of receiving the dossier through the single-window section or through the online public service portal; or 02 working days from the date of receiving the dossier in other forms, the train driving licensing agency shall notify and guide the enterprise to complete the dossier in accordance with regulations;

b) In the case where a dossier is complete in accordance with regulations, within 03 working days from the date of receiving the dossier, the train driving licensing agency shall grant a train driving license to the cases that meet the requirements. In case of refusal, the train driving licensing agency shall notify the enterprise in writing and clearly state the reasons.

Article 33. Procedures for re-grant of train driving licenses

1. A train driving license may be re-granted in the following cases:

a) A train driving license has expired;

b) A train driving license is damaged or lost.

2. A dossier requesting for re-grant of a train driving license shall comprise:

a) The original or electronic copy of the enterprise's written request for re-grant of a train driving license, made according to the form provided in Appendix XI to this Circular;

b) Personal dossier:

The original or electronic copy of the written request for re-grant of a train driving license, made according to the form provided in Appendix XII to this Circular;

The original or electronic copy or certified copy or certified electronic copy of the certificate of meeting health requirements for train driving as specified by the Minister of Health;

03 color portrait photos or electronic photos sized 3x4cm, taken within a period of no more than 6 months up to the date of dossier submission.

2. Forms of dossier submission

An enterprise shall submit 01 dossier to the train driving licensing agency according to one of the forms specified in Clause 2, Article 30 of this Circular.

3. The train driving licensing agency shall receive, check the dossier and process administrative procedures

a) In the case where a dossier is not satisfied in accordance with regulations, within 01 working day from the date of receiving the dossier through the single-window section or through the online public service portal; or 02 working days from the date of receiving the dossier in other forms, the train driving licensing agency shall notify and guide the enterprise to complete the dossier in accordance with regulations;

b) In the case where a dossier is complete in accordance with regulations, within 03 working days from the date of receiving the dossier, the train driving licensing agency shall re-grant the train driving license to the cases that meet the requirements. For the ineligible cases, the train driving licensing agency shall notify in writing and clearly state the reasons.

Article 34. Revocation of train driving licenses

1. A train driving license shall be revoked in the following cases:

a) A train driving license has been granted to the person who does not meet the requirements specified in Article 28 of this Circular;

b) There are fraudulent acts in making dossiers requesting for grant and re-grant of a train driving license as prescribed in Articles 30, 31, 32, and 33 of this Circular.

2. The train driving licensing agency shall make a decision to revoke the train driving license; The enterprise directly managing the train driver shall revoke the train driving license, and send it to the train driving licensing agency.

Article 35. Fees and charges for grant and re-grant of train driving licenses, and dossier retention period

Enterprises or individuals granted train driving licenses must pay fees and charges in accordance with the law provisions.

Chapter V

CONDITIONS AND CONTENTS OF TESTS FOR GRANT OF TRAIN DRIVING LICENSES ON NATIONAL RAILWAYS, SPECIALIZED RAILWAYS

Section 1

GENERAL PROVISIONS

Article 36. Testing conditions

Persons eligible for tests must satisfy the following conditions:

1. Satisfying all the conditions specified at Points a, b, c, Clause 1, Article 28 of this Circular.

2. Having complete dossiers as specified in Clause 1, Article 30 of this Circular.

Article 37. Testing councils

1. A testing council shall include from 05 to 09 members, and be established under a train driving licensing agency's decision in accordance with Point a, Clause 4, Article 30 of this Circular.

2. A testing council’s composition

a) The chairperson of the testing council is the leader of the train driving licensing agency or an authorized person;

b) The vice chairpersons of the testing council are leaders of enterprises with candidates participating in the testing;

c) The secretary of the testing council is a civil servant of the train driving licensing agency;

d) Other members of the testing council are decided by the train driving licensing agency;

dd) During the process of organizing the testing, in the case where a member of the testing council cannot participate for objective reasons, the testing council must promptly report to and request the train driving licensing agency to decide on replacement personnel.

3. Operating principles

a) The testing council only works when the chairperson of the testing council and at least 60% of its total members are present;

b) The testing council works according to the collective principle and majority decision-making rule; In case of equal voting, the opinion that the chairperson has voted for shall prevail.

4. Tasks and powers

a) Requesting the train driving licensing agency to establish a testing team;

b) Organizing the test according to the contents specified in Sections 2, 3, 4, Chapter V of this Circular; ensuring compliance with the procedures specified in Chapter IX of this Circular;

c) Resolving complaints and denunciations during the testing process;

d) Reporting to the train driving licensing agency the results of the test on time as specified at Point b, Clause 4, Article 30 of this Circular;

dd) Proposing to extend the time to organize or end the test in accordance with Point b, Clause 4, Article 30 of this Circular;

e) Suspending the test and report to the train driving licensing agency when deemed unqualified to hold the test;

g) Members of the testing council shall perform specific tasks assigned by the chairperson of the testing council; and be responsible before the law and the chairperson of the testing council for performance of assigned tasks;

h) The testing council’s secretary shall perform the following tasks: Preparing documents and materials for meetings of the testing council; recording minutes of meetings of the testing council; completing forms and minutes serving the activities of the testing, and other forms and documents related to the activities of the testing council; receiving papers and documents handed over by the testing team, summarizing and reporting to the testing council on the test results; and performing other tasks as assigned by the chairperson of the testing council;

i) The chairperson of the testing council shall be responsible for the overall performance of the testing council's activities, ensuring that the testing council's activities comply with the law provisions; and report contents related to the test to the train driving licensing agency and competent authorities upon request;

k) The testing council shall self-dissolve after completing its tasks.

Article 38. Testing teams

1. A testing team shall include at least 03 members, and be established under the train driving licensing agency’s decision at the request of the testing council specified at Point a, Clause 4, Article 37, subject to the direct direction of the testing council.

2. A testing team’s composition

a) Members of the testing team must have a tester card granted by the Vietnam Railways Authority;

b) The head of the testing team is the leader of enterprise with candidates participating in the test;

c) Testers include theory testers and practical testers;

d) During the process of organizing the test, in the case where a member of the testing team cannot participate for objective reasons, the testing council must promptly report to and request the train driving licensing agency to decide on replacement personnel.

2. Tasks and powers

a) Supporting the testing council to develop testing contents and submit them to the train driving licensing agency for approval;

b) Carrying out testing in accordance with the testing contents and process specified in this Circular;

c) Testers shall perform the tasks as assigned by the head of the testing team; be responsible before the law, the head of the testing team and the chairperson of the testing council for the results of performing assigned tasks;

d) The head of the testing team shall be responsible for the overall performance of the testing team's tasks, ensuring that its operations comply with the law provisions; and report testing contents to the train driving licensing agency and competent authorities upon request;

dd) The testing team shall self-dissolve when completing its tasks.

Article 39. Testing location, means, and procedure

1. Testing location

The testing location shall be arranged by enterprises. The testing location must ensure conditions in terms of human resources, facilities, rolling stocks, specialized equipment, and currently operating railway lines to serve the tests of the contents specified in Clause 3 of this Article.

2. Rolling stocks used for practical tests must ensure traffic conditions as specified in Clause 1, Article 30 of the Railway Law.

3. Testing procedure

a) Theory test;

b) Practical test, including engine examination practice and driving practice;

c) Candidates who do not meet the theory test requirements shall not be permitted to participate in the practical test;

d) Depending on the actual situation, the testing council and testing team may exchange the procedure of conducting engine examination and driving tests at Point b of this Clause;

dd) Candidates who do not meet the requirements for one of the two practical tests specified at Point b of this Clause may re-test the unsatisfactory practical part once during that test period;

e) Candidates who do not pass both parts of the practical test specified at Point b of this Clause shall not be permitted to take the practical test again.

Article 40. Conditions for recognition of passing tests

1. Candidates shall be recognized as having passed tests when they pass both the theory test and the practical test in accordance with this Circular.

2. Candidates who do not meet the test requirements mentioned in Clause 1 of this Article may not reserve their test results.

Section 2

THEORY TESTS

Article 41. Testing contents

The Railway Law and its guiding documents; national technical regulations on railway operations, railway signals, train-running procedures and railway shunting, operational procedures of train operating boards, orders, exceptions, directives and other current regulatory documents related to title of train driver.

Article 42. Testing forms

A test shall be carried out in one of the following forms:

1. Written test

a) Time allotted: 150 minutes;

b) Number of questions: 06 questions, including at least 02 questions about the Railway Law and its guiding documents;

c) Maximum total score: 10 scores.

2. Multiple-choice test on paper or on the computer

a) Time allotted: 60 minutes;

b) Number of questions: 60 questions, including at least 20 questions about the Railway Law and its guiding documents;

c) Maximum total score: 60 scores, of which each correct answer gets 1 score.

Article 43. Conditions for recognition of passing tests

Candidates shall be recognized as passed when they meet the following conditions:

1. In case of written test: The test has a total score of at least 06 scores after deducting scores for violations during the test (if any).

2. In case of multiple-choice test: The test has a total score of at least 40 scores after deducting scores for violations during the test (if any).

Section 3

PRACTICAL TESTS OF ENGINE EXAMINATION

Article 44. Testing contents and time

1. Testing contents

a) Cold examination: Conducting a comprehensive and complete examination of all parts and details of a rolling stock in a cold state (before starting) according to the requirements of the test, ensuring proper procedures, order, posture, and labor safety; during the process of engine examination, the candidate must detect and have a plan to properly handle 03 technical problems (pan) in the running part, engine, brake part or electrical system that have been created by the testing team;

b) Hot examination: Conducting a complete examination of all parts and details of a rolling stock in a cold state (after starting) according to the requirements of the test, ensuring proper procedures, order, posture, and labor safety; During the process of engine examination, the candidate must detect and have a plan to properly handle 02 technical problems (pan) in the brake part, engine or electrical system that have been created by the testing team.

2. Testing time shall be considered and decided by the testing council based on each type of rolling stocks and the enterprise's proposal.

Article 45. Testing scores

The maximum score for the engine examination practice test is 100 scores, specifically as follows:

1. Fully and properly examining engine parts and details in cold and hot states, ensuring proper procedures, order, posture, and labor safety: No more than 50 scores.

2. Each pan is detected and has a proper solution: No more than 10 scores.

Article 46. Conditions for recognition of passing tests

Candidates may be recognized as passed when they receive at least 60 scores after deducting scores for violations (if any), and they must detect and have a plan to properly handle at least 03 technical problems (pan), in which there is at least 01 technical problem (pan) in the hot state.

Section 4

TRAIN DRIVING PRACTICE TESTS

Article 47. Testing rolling stocks and distance

1. A testing rolling stock must satisfy the requirements in Clause 2, Article 39 of this Circular and the following requirements:

a) For self-propelled locomotives and carriages: pulling passenger or cargo trains;

b) For specialized rolling stocks: If there are carriages or trailers, such carriages or trailers must also be pulled.

2. Testing distance: Candidates shall drive the train in at least 03 station-to-station sections according to train operation timetables, speed orders and current warnings; In which the first station-to-station section is the testing operation area while the following station-to-station sections are used to evaluate the results of train driving practice.

Article 48. Testing contents

1. Preparation: A candidate must examine the completeness of prescribed tools and necessary train markings.

2. Reporting and response regime: A candidate must fully comply with the reporting and response regime according to regulations.

3. Train stopping skills: A candidate must stop the train twice according to the train operation timetable. The train stop point is determined by comparing the center of the train driver's seat, perpendicular to the center of the railway, with the benchmark specified in the test. The train stop point may be changed within the allowable range as follows:

a) For specialized self-propelled rolling stocks: No more than 03 meters before or no more than 01 meter after the benchmark;

b) For passenger trains: No more than 06 meters before or no more than 02 meters after the benchmark;

c) For cargo trains: No more than 08 meters before or no more than 04 meters after the benchmark.

4. Train driving skills: A candidate must fully comply with technical requirements according to regulations, drive the train on time according to the train operation table, speed orders and current warnings.

5. Train braking skills: A candidate must fully comply with technical requirements according to regulations.

Article 49. Testing scores

The maximum score for a practical driving test is 100 scores, specifically as follows:

1. Preparation: No more than 10 scores.

2. Reporting and response regime: No more than 20 scores.

3. Train stopping skill: No more than 20 scores.

4. Train driving skills: No more than 30 scores, of which:

a) Train running time in station-to-station sections: No more than 10 scores. In the case where there is a point where the train is running slowly in the station-to-station section, the tester must notify the candidate and must add the technical time of such point;

b) Fully complying with technical requirements as prescribed: No more than 20 scores.

5. Train braking skill: No more than 20 scores.

Article 50. Conditions for recognition of passing tests

Candidates may be recognized as passed when they achieve at least 60 scores after deducting scores for violations (if any), in which no content specified in Article 49 of this Circular is deducted more than 1/2 of the scores.

Chapter VI

CONDITIONS AND CONTENTS OF TESTS FOR GRANT OF URBAN RAILWAY TRAIN DRIVING LICENSES

Section 1

GENERAL PROVISIONS

Article 51. Testing conditions

The person being tested must meet the following conditions:

1. Satisfying all the conditions specified at Points a and b, Clause 2, Article 28 of this Circular.

2. Having complete dossiers as specified in Clause 1, Article 30 of this Circular for train drivers on currently operating railways, or Clause 1, Article 31 of this Circular for first train drivers on urban railways newly put into operation with technology used for the first time in Vietnam.

Article 52. Tests for train drivers on currently operating railways

1. The train driving licensing agency shall establish a testing council as specified at Point a, Clause 4, Article 30 of this Circular to conduct theory tests and practical tests according to the contents specified in Sections 2, 3 and 4 of this Chapter; ensuring compliance with the procedures specified in Chapter IX of this Circular.

2. The testing council shall include from 05 to 07 members. The testing council’s composition, operating principles, tasks and powers shall be carried out in accordance with Clause 2, Clause 3 and Points b, c, d, dd, e, g, h and i, Clause 4, Article 37 of this Circular.

3. The testing team shall be carried out in accordance with Article 38 of this Circular.

4. Testing locations, means, and procedures shall be carried out in accordance with Article 39 of this Circular.

5. Conditions for recognition of passing tests shall be carried out in accordance with Article 40 of this Circular.

Article 53. Tests for first train drivers on urban railway lines newly put into operation with technology used for the first time in Vietnam

1. The train driving licensing agency shall establish a testing council as specified at Point a, Clause 4, Article 31 of this Circular to examine and evaluate dossiers requesting for grant of train driving licenses according to the contents specified in Clause 4 of this Article.

2. The testing council shall include from 05 to 07 members. The testing council’s composition shall comply with Clause 2, Article 37 of this Circular, including an additional member being a representative of the project owner (or an organization assigned by the project owner to manage the urban railway project).

3. The testing council’s operating principles shall be carried out in accordance with Clause 3, Article 37 of this Circular.

4. The testing council’s responsibilities and powers

a) Examining the completeness and validity of the contents of dossiers requesting for grant of train driving licenses, and evaluating the conditions for granting train driving licenses of personnel in accordance with this Circular;

b) Preparing working minutes of the testing council according to the form provided in Appendix XIII to this Circular;

c) Summarizing and reporting the results of dossier examination and appraisal according to regulations, and proposing and recommending the train driving licensing agency to grant or not to grant train driving licenses to candidates, made according to the form provided in Appendix XIV to this Circular.

5. Candidates may be recognized as passed when the testing council evaluates their dossier as complete and valid according to regulations.

Section 2

THEORY TESTS

Article 54. Testing contents

The Railway Law and its guiding documents; technical regulations, operating rules, safety work, signals and lines and other current regulations related to the title of train driver; train driving theory.

Article 55. Testing forms

Testing forms shall be carried out in accordance with Article 42 of this Circular.

Article 56. Conditions for recognition of passing tests

Conditions for recognition of passing tests shall be carried out in accordance with Article 43 of this Circular.

Section 3

PRACTICAL TESTS OF ENGINE EXAMINATION

Article 57. Testing contents and time

1. The testing contents shall be carried out in accordance with Clause 1, Article 44 of this Circular.

2. Testing time shall be considered and decided by the testing council based on each type of trains, railway lines and the enterprise's proposal.

Article 58. Testing scores

The practical testing scores for engine examinations shall be carried out in accordance with Article 45 of this Circular.

Article 59. Conditions for recognition of passing tests

Conditions for recognition of passing tests shall be carried out in accordance with Article 46 of this Circular.

Section 4

TRAIN DRIVING PRACTICE TESTS

Article 60. Testing rolling stocks and distance

1. A testing rolling stock must satisfy the requirements in Clause 2, Article 39 of this Circular and the following requirements:

a) For electric trains and diesel locomotives: pulling urban railway passenger trains;

b) For specialized rolling stocks: If there are carriages or trailers, such carriages or trailers must also be pulled.

2. Testing distance

a) A candidate shall drive the train for at least 11 consecutive station-to-station sections according to train operation timetables, speed orders and current warnings; In which the first station-to-station section is the testing operation area while the following station-to-station sections are used to evaluate the results of train driving practice;

b) For lines and trains equipped with automatic train operation equipment, in the first station-to-station section, the automatic train operation equipment is turned on (ON); In the remaining station-to-station sections, the automatic train operation equipment is turned off (OFF).

Article 61. Testing contents

1. Preparation, reporting, response and signal confirmation: A candidate must examine the completeness of necessary tools and documents, and report, respond and confirm signals according to regulations.

2. Visual distance measurement skills: Conducting visual distance measurement at medium distances (from 100 ÷ 300 meters) and long distances (from 301 ÷ 600 meters), each distance once.

3. Train stopping skills: A candidate must stop the train at least 10 times. The train stop points are determined by the train stop benchmarks specified in the test. The train stop points may be changed within the allowable range as follows:

a) For stations without platform screen doors: ± 1.0 meter;

b) For stations with platform screen doors: ± 0.5 meter.

4. Train driving skills: A candidate must fully comply with technical requirements according to regulations, drive the train on time according to the train operation table, prescribed speed limits and current warnings.

5. Automatic braking equipment control skills: A candidate must fully comply with technical requirements according to regulations and bring the train to a smooth stop.

6. Response to emergency situations: A candidate must take measures to handle a hypothetical emergency situation during practice according to the regulations of the test.

Article 62. Testing scores

The maximum score for the practical train driving test is 100 scores for each content specified in Article 61 of this Circular.

Article 63. Conditions for recognition of passing tests

Candidates may be recognized as passed when they achieve at least 60 scores for each content specified in Article 61 of this Circular after deducting scores for violations (if any).

Chapter VII

TESTERS

Article 64. Conditions for grant of tester cards and tester card forms

1. Conditions for grant of tester cards

The Vietnam Railways Authority shall grant tester cards to persons who are recommended by enterprises or train driver training institutions and meet the following conditions:

a) Having completed the professional training course on train driving testing in accordance with the content and program prescribed by the Vietnam Railways Authority, and being assessed by a training institution as satisfactory and granted a certificate;

b) Theoretical testers must have intermediate or higher qualifications in railway majors and have at least 03 years of working experience related to train driving;

c) Practical testers must have at least 01 year of direct experience as train drivers.

2. Tester card forms are specified in Appendix XV issued together with this Circular.

Article 65. Professional training for testers

The contents and programs of professional training for testers are specified in Appendix XVI issued together with this Circular.

Chapter VIII

REPORTING REGIME

Article 66. Reporting regime

1. Report title: Report on grant, re-grant and revocation of train driving licenses on the railway

2. Report contents

a) Number of tests;

b) Number of train driving licenses that have been granted, re-granted and revoked;

c) Changes in train driving personnel;

d) Estimated need for tests to grant and re-grant train driving licenses in the next year.

3. Reporting subjects: Enterprises using the titles of train driver; and train driving licensing agencies;

4. Report recipients

a) The Vietnam Railways Authority shall receive reports from enterprises using the titles of national railway train driver and local train driving licensing agencies;

b) The Ministry of Transport shall receive reports from the Vietnam Railways Authority.

5. Methods of report submission and receipt: Periodic reports are made in the form of paper documents or electronic documents, sent directly or by post or via email system or other methods as prescribed by the law provisions.

6. Deadline for report submission

a) Enterprises shall submit reports to the Vietnam Railways Authority and local train driving licensing agencies periodically from December 15 to 20 every year or irregularly upon request;

b) Local train driving licensing agencies shall submit reports to the Vietnam Railways Authority periodically from December 21 to 23 every year or irregularly upon request;

c) The Vietnam Railways Authority shall submit reports to the Ministry of Transport periodically from December 25 to 30 every year or irregularly upon request.

7. Reporting frequency: On an annual basis or upon request.

8. Closing time for reporting data: Calculated from December 15 of the previous year to December 14 of the reporting year or until the required time.

9. Report forms: According to Appendix XVII issued together with this Circular.

Chapter IX

TESTING PROCEDURES

Article 67. Procedures for organizing tests for grant of train driving license

The procedures for organizing tests for grant of train driving licenses for national railways, specialized railways, and urban railways currently in operation as specified in Article 30 of this Circular shall comply with Appendix XVIII issued together with the Circular.

Chapter X

RESPONSIBILITIES OF ORGANIZATIONS AND INDIVIDUALS

Article 68. Train driving licensing agencies

1. Organizing tests for, granting, re-granting and revoking train driving licenses according to competence and procedures as specified this Circular.

2. Monitoring and managing the use of train driving license blanks according to competence as specified in this Circular.

3. Collecting and using fees for grant and re-grant of train driving licenses in accordance with the law provisions.

4. Implementing the reporting regime as specified in this Circular.

5. Updating data according to competence into the database on management of railway personnel directly serving train operations of the Vietnam Railways Authority according to regulations.

6. The Vietnam Railways Authority shall, in addition to the above responsibilities, organize training, update knowledge, and grant tester cards in accordance with this Circular; and inspect and guide local train driving licensing agencies to implement this Circular.

7. Dossiers and documents for tests, grant and re-grant of train driving licenses shall be archived at train driving licensing agencies for a minimum period of 20 years. The destruction of documents beyond their retention period shall comply with current regulations.

Article 69. Enterprises using the titles of railway personnel directly serving train operations

1. With regard to railway personnel directly serving train operations

a) Organizing the management and employment of railway personnel directly serving enterprises’ train operations according to regulations;

b) On an annual basis, organizing training and re-training to improve qualifications for railway personnel directly serving train operations;

c) Inspecting the professional skills, conditions, and criteria of railway personnel directly serving train operations before assigning titles;

d) Developing contents and organizing periodic professional inspections for railway personnel directly serving train operations at least twice a year (once in theory, once in practice);

dd) Organizing training and professional inspection for train drivers before changing lines as specified in Clause 3, Article 25; Point b, Clause 4, Article 27 of this Circular.

2. With regard to testing, grant, re-grant, and revocation of train driving licenses

a) Being responsible before the law for the accuracy and legality of dossiers requesting for grant, re-grant, and revocation of train driving licenses in accordance with this Circular;

b) Fulfilling the responsibilities of enterprises in the procedures and processes of testing, granting and re-granting train driving licenses in accordance with this Circular;

3. Implementing the reporting regime in accordance with this Circular.

4. Regularly updating data according to the scope of management into the database on management of railway personnel directly serving train operations of the Vietnam Railways Authority according to regulations.

Article 70. Project owners (or organizations assigned by project owners to manage urban railway projects) of urban railway projects newly put into operation with technology used for the first time in Vietnam

Carrying out the full responsibilities in the testing process and procedures for granting train driving licenses to the first train drivers on urban railway lines newly put into operation with technology used for the first time in Vietnam in accordance with this Circular.

Article 71. Training institutions for titles of railway personnel directly serving train operations

1. Developing training contents, programs and coursebooks at elementary or higher level for titles of railway personnel directly serving train operations specified in Clause 1, Article 26 of this Circular, and training and granting diplomas and certificates in accordance with the law provisions.

2. Developing or selecting detailed training coursebooks according to the training contents and programs for each title of railway personnel directly serving train operations specified in Clause 2, Article 26 of this Circular, and organizing training and grant of certificates in accordance with the law provisions.

3. Developing or selecting detailed training coursebooks according to the professional training contents and programs for testers as specified in Article 65 of this Circular, and organizing training and grant of certificates at the request of the Vietnam Railways Authority and in accordance with the law provisions.

4. Developing and organizing the implementation of training contents, programs and coursebooks, and other professional training for railway personnel directly serving train operations at the request of enterprises and in accordance with the law provisions.

Chapter XI

IMPLEMENTATION PROVISIONS

Article 72. Effect

1. This Circular takes effect on September 1, 2023.

2. The following documents and regulations cease to be effective from the effective date of this Circular:

a) The Minister of Transport’s Circular No. 33/2018/TT-BGTVT dated May 15, 2018, on criteria, tasks and powers of railway personnel directly serving train operations; training contents and programs for titles of railway personnel directly serving train operations; conditions, contents and process for tests and grant, re-grant and revocation of train driving licenses on railways;

b) The Minister of Transport’s Circular No. 07/2020/TT-BGTVT dated March 12, 2020, amending and supplementing a number of articles of Circular No. 33/2018/TT-BGTVT dated May 15, 2018, on criteria, tasks and powers of railway personnel directly serving train operations; training contents and programs for titles of railway personnel directly serving train operations; conditions, contents and process for tests and grant, re-grant and revocation of train driving licenses on railways;

c) Article 3, Circular No. 24/2020/TT-BGTVT dated October 13, 2020 of the Minister of Transport, amending and supplementing a number of articles of Circulars prescribing the periodic reporting regime in railway sector;

d) The Minister of Transport’s Circular No. 05/2021/TT-BGTVT dated March 1, 2021, amending and supplementing a number of articles of Circular No. 33/2018/TT-BGTVT dated May 15, 2018, of the Minister of Transport, on criteria, tasks and powers of railway personnel directly serving train operations; training contents and programs for titles of railway personnel directly serving train operations; conditions, contents and process for tests and grant, re-grant and revocation of train driving licenses on railways, and Circular No. 24/2020/TT-BGTVT dated October 13, 2020, of the Minister of Transport, amending and supplementing a number of articles of Circulars prescribing the periodic reporting regime in railway sector;

dd) The Minister of Transport’s Circular No. 25/2021/TT-BGTVT dated November 29, 2021, amending and supplementing a number of articles of Circular No. 33/2018/TT-BGTVT dated May 15, 2018, of the Minister of Transport, on criteria, tasks and powers of railway personnel directly serving train operations; training contents and programs for titles of railway personnel directly serving train operations; conditions, contents and process for tests and grant, re-grant and revocation of train driving licenses on railways, and Circular No. 05/2021/TT-BGTVT dated March 1, 2021, of the Minister of Transport, amending and supplementing a number of articles of Circular No. 33/2018/TT-BGTVT dated May 15, 2018 and Circular No. 24/2020/TT-BGTVT dated October 13, 2020, of the Minister of Transport, amending and supplementing a number of articles of Circulars prescribing the periodic reporting regime in railway sector.

Article 73. Transitional provisions

1. Railway personnel directly serving train operations who already have recognized titles and are assigned tasks before the effective date of this Circular may continue to hold the titles and perform the tasks and powers as specified in this Circular.

2. Valid train driving licenses granted by the Vietnam Railways Authority before the effective date of this Circular remain valid until the expiration date stated on the licenses, or until being re-granted or revoked by train driving licensing agencies in accordance with this Circular.

3. From the effective date of this Circular, if provincial-level People's Committees have not yet performed the tasks specified in Clause 2, Article 29 of this Circular, they shall send a written request to the Vietnam Railways Authority to continue performing the tasks. From January 1, 2025, provincial-level People's Committees shall carry out tests, grant, re-grant and revocation of train driving licenses for specialized railways and urban railways in accordance with Clause 2, Article 29 of this Circular.

4. In the case where local train driving licensing agencies revoke train driving licenses for specialized railways or urban railways previously granted by the Vietnam Railways Authority, they shall notify the Vietnam Railways Authority for supervision.

5. Testers granted tester cards by the Vietnam Railways Authority before the effective date of this Circular may continue using such tester cards until they are granted new tester cards by the Vietnam Railways Authority in accordance with this Circular.

6. The database on management of railway personnel directly serving train operations of the Vietnam Railways Authority shall be updated after the Vietnam Railways Authority completes the construction of the database.

Article 74. Organization of implementation

The Chief of the Ministry Office, the Chief Inspector of the Ministry, the Directors of Departments, the Director of the Vietnam Railways Authority, the heads of relevant agencies, units and individuals shall implement this Circular./.

For the Minister

The Deputy Minister

NGUYEN DANH HUY

* All Appendices are not translated herein.