Circular No. 03/2021/TT-BGTVT on the management and maintenance of national railway infrastructure

CIRCULAR

REGULATION relating to management and maintenance of national railway infrastructure

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WHEREAS, Law on Construction 2014; Law Amending and Supplementing Certain Provisions of the Law on Construction 2020;

Pursuant to the Railway Law 2017;

WHEREAS, Decree No. 46/2015/NĐ-CP dated May 12, 2015 of the Government on quality management and maintenance of construction works;

WHEREAS, Decree No. 59/2015/NĐ-CP dated June 18, 2015 of the Government on project management for investment in construction;

WHEREAS, Decree No. 42/2017/NĐ-CP dated April 5, 2017 of the Government amending and supplementing certain provisions of Decree No. 59/2015/NĐ-CP dated June 18, 2015 of the Government on project management for investment in construction;

WHEREAS, Decree No. 32/2019/NĐ-CP dated April 10, 2019 of the Government stipulating the assignment of tasks, placing orders or tendering for the provision of products and services of public service using state budget funds from regular expenditure;

Pursuant to Decree No. 12/2017/NĐ-CP dated February 10, 2017, issued by the Government on the functions, tasks, powers, and organizational structure of the Ministry of Transport;

pursuant to the proposal of the Director of the Department of Transport Infrastructure and the Director of the Vietnam Railway Administration,

Minister of the Ministry of Transporti issues this Circular prescribing regulations on management andn lmaintenance of railway infrastructure at the national level.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Circular prescribes regulations on management and maintenance of national railway infrastructure.

2. In case of rescue and repair work following typhoons and floods, the regulations of the Ministry of Transport on prevention, control, and aftermath handling of floods and typhoons, emergency response to natural disasters, and rescue operations in railway activities shall be followed.

Article 2. Applicability

This Circular applies to organizations and individuals related to the management of railway infrastructure and maintenance of national railway works funded by the State.

Article 3. Explanation of Terms

1. Railway work maintenance procedures are documents specifying the sequence, contents, and guidance for implementing maintenance tasks of railway works.

2. Maintenance of railway works involves a set of tasks aimed at ensuring and maintaining normal and safe operation of the works according to design specifications during their exploitation and use.

3. Inspection of railway works refers to visual observation or specialized equipment inspection to assess the current condition of the works to promptly identify signs of deterioration and damage to the works and installed equipment, thereby taking timely measures. Railway work inspection includes regular inspection, periodic inspection, and spot inspection.

4. Monitoring of railway works involves observing, measuring, and recording changes in geometry, deformation, displacement, and other technical parameters of the works and surrounding environment over time.

5. Quality inspection of railway works involves checking and evaluating the quality or cause of damage, value, service life, and other technical parameters of parts of the works, installed equipment, or railway works through monitoring, testing combined with calculation and analysis.

6. Maintenance of railway works involves monitoring, caring for, and repairing minor damages to the works and installed equipment, carried out regularly and periodically to maintain the works in a normal operating and usage state and minimize the occurrence of works damage.

7. Repair of railway works involves restoring, reconstructing, or replacing damaged parts of the works, equipment, or components, or the entire works discovered during exploitation and use to ensure normal and safe operation of the works and railway transportation safety. Railway work repair includes scheduled repair and emergency repair:

a) Scheduled repair of railway works involves repairing or reconstructing and replacing damaged parts of the works or installed equipment according to the maintenance procedures and approved maintenance plan;

b) Emergency repair of railway works involves repair conducted when parts of the works or the works suffer sudden impacts such as wind, storms, floods, earthquakes, collisions, fires, or other sudden impacts, or when parts of the works or the works show signs of deterioration affecting their safe use, operation, and exploitation.

8. Public service provider using state budget funds is an enterprise or organization undertaking one or more management and maintenance tasks of national railway infrastructure under a procurement contract with the competent state authority.

9. National railway infrastructure business enterprise is an entity assigned, leased, or transferred national railway infrastructure according to the provisions of the law.

Chapter II

MANAGEMENT OF RAILWAY INFRASTRUCTURE AND MAINTENANCE OF RAILWAY PROJECTS

Article 4. Requirements for railway infrastructure management work

1. Railway infrastructure management shall be carried out uniformly, with clear hierarchical authority and responsibilities assigned to each agency and unit, and coordination among agencies and units.

2. Distinction shall be made between state management by state agencies and business operations by enterprises.

3. All railway infrastructure shall be assigned to management and usage entities in accordance with the provisions of the law.

Article 5. Content of railway infrastructure management work

1. Management of railway infrastructure assets in accordance with the law.

2. Management of financial resources for railway infrastructure management and maintenance of railway works.

3. Management of the establishment, issuance, publication, and implementation of technical standards and regulations; quotas, unit prices, product prices, and quality of public service railway services.

4. Management of planning, reviewing, approving, allocating plans, deciding on implementation methods, organizing implementation, managing, and maintaining railway infrastructure.

5. Management of planning, reviewing, approving plans, funding, and organizing implementation of flood, storm, disaster prevention, mitigation, and accident response activities.

6. Management and protection of railway infrastructure.

7. Establishment of records tracking locations frequently involved in railway accidents, locations reducing train passage capacity; records tracking the number of railway accidents and determining initial causes of each accident.

8. Updating railway infrastructure management records into a database system for monitoring and management; record components and contents as stipulated in Article 6 of this Circular.

9. Updating railway infrastructure data into the management, monitoring, and supervisory system for national railway works maintenance according to the Ministry of Transport's regulations.

10. Inspection, supervision, handling complaints, accusations, and law violations related to railway infrastructure management and railway works maintenance as prescribed.

11. Regular and ad hoc reporting as prescribed.

Article 6. Railway Infrastructure Management Records

1. Each railway project must establish railway infrastructure management records, including technical management records and safe operation zone management records to serve management, operation, and maintenance of projects in accordance with construction laws.

2. Technical management records shall be established for each project, section of the project along each railway line and within each management scope (gaps, sections). Railway technical management records include: records serving management, operation, and maintenance of projects in accordance with Clause 3, Article 12 of Circular No. 26/2016/TT-BXD dated October 26, 2016 issued by the Ministry of Construction; completion maintenance records and other documents according to the maintenance procedures for railway works and in the annexes hereof. The main record components are as follows:

a) Railway project management, operation, and maintenance records:

Decision approving the investment project and feasibility study report or economic-technical report for construction investment;

Survey tasks and construction survey result reports;

Construction drawings design files confirmed by the investor (with attached drawing list) and design changes during construction;

As-built drawings (with attached drawing list);

Monitoring, measurement, quality inspection results of the project, structural load testing results (if applicable) during construction, lists of spare parts, accessories, materials, and other relevant documents;

Equipment installation history in the project;

Operation and exploitation procedures; maintenance procedures;

Project incident resolution records (if applicable);

Completion acceptance certificates for project sections and construction projects put into use by the investor;

Acceptance approval notices for project section and construction project completion acceptance by specialized construction agencies.

b) Railway project maintenance completion records include:

Maintenance completion records: Contents and components as stipulated in Article 53 of the Railway Works Maintenance Procedures approved by the Ministry of Transport in Decision No. 2320/QĐ-BGTVT dated June 30, 2015; confirmation records for completed maintenance work;

Periodic repair completion records: Contents and components as stipulated in Article 54 of the Railway Works Maintenance Procedures approved by the Ministry of Transport in Decision No. 2320/QĐ-BGTVT dated June 30, 2015;

Emergency repair completion records: Contents and components as stipulated in Article 55 of the Railway Works Maintenance Procedures approved by the Ministry of Transport in Decision No. 2320/QĐ-BGTVT dated June 30, 2015;

Technical history and inspection logbooks: Each project must have a technical history and inspection logbook (The technical history clearly records the technical characteristics and status of the project, detailing changes through repairs, reinforcement, incidents during operation, regular and periodic inspection results, and quality inspection results; the logbook records regular damage inspection results for each project; The logbook is bound with the seal of the management unit; each logbook may cover one or more projects based on actual management conditions; at year-end, the recording unit must submit the logbook to the management unit for storage, inspection, and comparison).

General management files include: straightened plan of railway line; general layout map of railway station and shortened longitudinal profile of railway (Straightened plan of railway line: straightened plan with a scale of 1/500. The scope of the straightened plan includes the length of the line; the minimum width covering the land allocated for the railway and the scope of railway projects. The plan must fully reflect topographic elements, terrain, objects, railway structures, protection zones, safety corridors, boundary markers. The straightened plan must be updated regularly whenever there are changes or movements related to relevant factors. Detailed sample of the straightened plan can be seen in the attached drawing; general layout map of railway station: general layout map (scale 1/500) fully reflecting terrain, objects, related auxiliary structures; protection zones, safety corridors, boundary markers; fully reflecting statistical tables, architectural features above ground, curves, length of railway tracks; the general layout map must be updated regularly whenever there are changes or movements related to relevant factors. Detailed sample of the general layout map can be seen in the attached drawing).

Shortened longitudinal profile of railway: shortened longitudinal profile of railway line (high ratio; length: 1/200 and 1/1000) fully reflecting horizontal elements, gradient, architectural features above ground, and related auxiliary structures; the shortened longitudinal profile of railway line must be updated regularly whenever there are changes or movements related to relevant factors. Detailed sample of the shortened longitudinal profile of railway line can be seen in the attached drawing.

3. Safety corridor traffic management files for railway must be established for each railway line and according to administrative boundaries at commune, district, provincial levels, and confirmed by the People's Committee of the district to serve management purposes; safety corridor traffic management files for railway include:

a) Straightened plan of structures and safety corridor for railway traffic, on which all key elements are fully reflected, especially the position and scale of encroaching structures, structures violating the safety corridor for railway traffic;

b) Files related to self-established pathways must be established separately to serve management and monitoring activities to ensure railway and road traffic safety;

c) Management files for access roads within the safety corridor for railway traffic include completion files, design files, construction permits, and other related documents;

d) Management files for fences separating railway from road include completion files, design files, and other related documents;

đ) Boundary marker, fence, and land boundary files for railway in accordance with current regulations; handover records of boundary markers, land boundaries, road boundary markers for the safety corridor for railway traffic (if applicable);

e) Commitment records confirmed by local authorities regarding non-encroachment and re-encroachment of the protection zone of railway structures by households along the safety corridor for railway traffic (if applicable).

Article 7. Requirements for railway structure maintenance work

1. Railway structure maintenance must be carried out according to the annual maintenance plan and the approved maintenance procedures for railway structures by the competent authority; implementation of maintenance must comply with the provisions of this Circular.

2. Railway structure maintenance must ensure safety for people, property, and structures; ensure safe and smooth traffic; prevent fires and explosions and protect the environment.

3. Railway structure maintenance must be conducted in accordance with technical standards and maintenance procedures corresponding to the type of structure, as approved by the competent authority.

4. For construction works not included in the published construction norms and estimates or already included but not suitable for technical requirements, construction conditions, and specific construction methods of the project, such works shall be implemented in accordance with laws on investment and construction management.

Article 8. Contents of railway infrastructure maintenance work

The contents of railway infrastructure maintenance work include one, several, or all of the following tasks: inspection, monitoring, quality testing, maintenance, repair, and renovation of railway infrastructure without including activities that change the function or scale of the infrastructure according to the approved railway infrastructure maintenance procedures by the Ministry of Transport and the regulations on quality management and maintenance of construction projects.

Article 9. Maintenance files for railway infrastructure

The maintenance files for railway infrastructure include:

1. Documents serving railway infrastructure maintenance work: railway infrastructure maintenance procedures; completion drawings of the project (if available); equipment installation history within the railway infrastructure; investigation files on the basic condition of railway infrastructure; maintenance files for railway infrastructure; repair files for railway infrastructure.

2. The national annual railway infrastructure maintenance plan approved by the Ministry of Transport;

3. Results of regular, periodic, and emergency inspections of railway infrastructure (if applicable);

4. Annual results of railway infrastructure maintenance and repairs;

5. Monitoring results and quality testing results of railway infrastructure (if applicable);

6. Results of assessing load-bearing safety and operational safety of railway infrastructure during operation and use (if applicable);

7. Other relevant files and documents related to railway infrastructure maintenance.

Article 10. Assessment of load-bearing safety and operational safety of railway infrastructure during operation and use

1. Railway infrastructure with large scale and complex technology affecting community safety, as stipulated by laws on quality management and maintenance of construction projects, must be organized to assess load-bearing safety and operational safety of railway infrastructure during operation and use periodically or urgently.

2. The content of assessment and implementation procedures follow the provisions of laws on quality management and maintenance of construction projects.

3. Railway infrastructure business enterprises shall inspect, monitor, propose plans for load-bearing safety and operational safety assessments, and submit them to the Vietnam Railway Administration for inspection and handling in accordance with the law.

Article 11. Handling of railway infrastructure showing dangerous signs and not ensuring safety for operation and use

1. Railway infrastructure business enterprises, when assigned, leased, or transferred by the State, have the responsibility to:

a) Continuously monitor, patrol, guard, inspect, and monitor to promptly detect infrastructure, parts of infrastructure, or installed equipment that are damaged, deteriorated in quality, and do not ensure safety for operation and use;

b) When discovering railway infrastructure showing dangerous signs and not ensuring safety for operation and use, they must immediately report to the Vietnam Railway Administration and simultaneously implement the provisions of Clause 1, Article 44 of Decree No. 46/2015/NĐ-CP of the Government.

2. Upon discovering or receiving reports about railway infrastructure showing dangerous signs and not ensuring safety for operation and use, the Vietnam Railway Administration shall inspect and propose measures for handling, which will be decided by the Ministry of Transport.

3. In case of accidents occurring during the operation and use of railway infrastructure, accident resolution shall be carried out in accordance with the provisions of Chapter VI of Decree No. 46/2015/NĐ-CP of the Government.

Article 12. Handling of railway works that have exceeded their service life but require continued use

1. Based on the management files of railway infrastructure, the enterprise operating railway infrastructure shall report to the Vietnam Railway Administration about the time of operation and use of the works under its management and exploitation.

2. A railway work has exceeded its service life when it has been operated and used for a period longer than the service life specified in the design file of the work. In cases where the design file of the work is lost or does not specify the service life, the service life of the work will be determined according to relevant technical standards and regulations or based on the results of quality inspection of the work.

3. At least one year before a railway work exceeds its service life, if there is a need to continue using it, the enterprise operating railway infrastructure, organizations, or individuals who have received a limited-term transfer or lease rights to operate and manage state-invested national railway infrastructure must report to the Ministry of Transport and the Vietnam Railway Administration to organize inspections, quality assessments, and repairs of any damage to ensure functionality and safety.

4. The Vietnam Railway Administration is responsible for organizing implementation and reporting, proposing handling solutions and implementation timelines in accordance with laws to the Ministry of Transport for consideration and decision.

Article 13. Monitoring of railway works and parts during operation and use

1. Mandatory monitoring of railway works and parts during operation and use must be carried out for:

a) Railway works as prescribed by laws on the management of construction project quality and maintenance;

b) Works required by the railway maintenance procedures;

c) Railway works showing signs of settlement, tilting, cracking, and other abnormal signs that may cause collapse;

d) Other railway works when accidents occur that could lead to disasters, at the request of enterprises operating railway infrastructure.

2. Parts of railway works that need to be monitored are the main load-bearing structures of the works, which, if damaged, could lead to collapse.

3. The content of monitoring railway works includes: monitoring location, monitoring parameters, and limit values of these parameters (deformation, displacement, tilt, settlement, crack, sag), monitoring duration, number of measurement cycles, and other necessary contents. The monitoring plan must specify the measurement methods, measuring equipment, layout diagrams, and structure of markers; organization of monitoring; data processing methods, and other necessary contents.

4. Enterprises operating railway infrastructure are responsible for inspecting and proposing monitoring of railway works and parts during operation and use to include them in the annual maintenance plan for railway works.

5. The Vietnam Railway Administration is responsible for:

a) Organizing monitoring of railway works and parts during operation and use, preparing reports on monitoring results, wherein the monitoring data must be evaluated and compared with permissible limit values specified in relevant technical standards and regulations; assessing the safety of the works according to current regulations;

b) Reporting monitoring results and recommending measures to the Ministry of Transport for prompt handling in cases where monitoring data exceed permissible limits or show abnormal signs.

6. Organizations or individuals who have received limited-term transfers or lease rights to operate and manage state-invested national railway infrastructure must prepare a proposal, submit it to the Vietnam Railway Administration for review and approval; self-approve the budget estimate, organize implementation, and prepare reports as stipulated in point a, Clause 5 of this Article.

7. The implementation of monitoring of railway works and parts during operation and use shall comply with the provisions of laws on the management of construction project quality and maintenance.

Article 14. Application of technical standards, regulations, and economic-technical norms in railway infrastructure maintenance work

1. For railway infrastructure maintenance work:

a) Apply according to the standards; comply with technical regulations and economic-technical norms issued by competent authorities;

b) For project components without economic-technical norms, apply corresponding norms of other industries or localities that have been issued by competent authorities after obtaining approval from the Ministry of Transport.

2. For periodic and emergency repair work on railway infrastructure: apply in accordance with laws on investment in construction projects and relevant laws.

Chapter III

IMPLEMENTATION OF RAILWAY INFRASTRUCTURE MAINTENANCE

Article 15. Establishment, approval and adjustment of national railway infrastructure maintenance plans đi) Adjustment of national railway infrastructure maintenance plans 1. Establishment of national railway infrastructure maintenance plans:

a) Based on the technical condition of railway infrastructure, transportation needs on each operational railway line, maintenance procedures, economic-technical norms, current state regulations, railway infrastructure business enterprises shall review and compile the volume of work and establish annual maintenance plans for railway infrastructure or plans within the assigned period based on economic-technical norms and minimum safety requirements during operation, including maintenance tasks, periodic repairs, inspections, monitoring, emergency repairs, and other works (if applicable) in accordance with the form specified in Appendix 1 of this Circular. The consolidated volume table shall be sent to the Vietnam Railway Administration before May 15th each year for inspection and review of the maintenance plan;

b) The railway infrastructure maintenance plan shall be established along with a technical status table of railway infrastructure (in accordance with the form specified in Appendix 2 of this Circular) and sent to the Vietnam Railway Administration before June 15th each year for inspection and review of the maintenance plan and submission to the Ministry of Transport;

c) The content of the annual railway infrastructure maintenance plan includes: maintenance plan, periodic repair plan for each line (section) and other works (if applicable). The railway infrastructure maintenance plan must include the following information: name of the project, project component; unit, volume, estimated implementation cost; time frame; method of implementation and priority level.

2. Approval of national railway infrastructure maintenance plans:

a) Within ten working days from the date of receiving complete files, the Vietnam Railway Administration is responsible for reviewing and submitting the railway infrastructure maintenance plan to the Ministry of Transport;

b) Based on the railway infrastructure maintenance plan submitted by the Vietnam Railway Administration, the Ministry of Transport reviews and compiles the maintenance plan and budget estimate into the annual revenue and expenditure budget of the Ministry of Transport and sends it to the Ministry of Finance before July 20th each year;

c) After receiving the notification from the Ministry of Finance regarding the annual budget revenue and expenditure and the notification of the annual state budget revenue and expenditure of the Ministry of Transport, railway infrastructure business enterprises shall review and adjust the maintenance plan and budget estimate to match the notified funding sources; prepare the file and send it to the Vietnam Railway Administration for inspection and review and submission to the Ministry of Transport as stipulated in point a and point b of this Clause. For periodic repairs, emergency repairs, disaster recovery, only include them in the construction implementation plan after obtaining the investment approval decision from the competent authority, except in cases where permission is granted by the Minister of Transport;

d) The Ministry of Transport shall examine and approve the maintenance plan and budget estimate after receiving complete maintenance plan files, review reports, and comments from related agencies and units (if any).

3. Adjustment of national railway infrastructure maintenance plans:

a) National railway infrastructure maintenance plans funded by the state shall be adjusted and supplemented during implementation to align with the actual technical conditions of the railway infrastructure;

b) Railway infrastructure business enterprises shall prepare adjustment files for the maintenance plan and send them to the Vietnam Railway Administration before October 1st each year. The Vietnam Railway Administration shall inspect, review, and submit to the Ministry of Transport before October 15th each year for consideration and decision;

c) The Ministry of Transport shall decide on the adjustment of the maintenance plan before October 31st each year.

4. Organizations and individuals who have taken over the right to operate and manage state-invested national railway infrastructure on a lease or concession basis shall independently establish, approve, and adjust the maintenance plans for the transferred infrastructure they have received.

4. Organizations and individuals receiving a limited-term transfer, lease of the right to exploit and operate national railway infrastructure invested by the state shall independently establish, approve, and adjust the maintenance plan for the railway works they have received.

Article 16. Implementation of Railway Infrastructure Maintenance Plan

1. For state-owned railway infrastructure funded by the State, based on the approved annual railway infrastructure maintenance plan, the Vietnam Railway Administration shall take the lead and coordinate with railway infrastructure business enterprises to implement according to regulations; they shall be responsible under the law for the quality of national railway infrastructure maintenance.

2. The maintenance of railway infrastructure and equipment using state budget funds shall be carried out as follows:

a) Regarding maintenance work:

Based on the approved maintenance plan, the Vietnam Railway Administration shall place orders with public service providers to perform maintenance services through public service procurement contracts using state budget funds. The contents of the order include: railway infrastructure maintenance; management and supervision of railway infrastructure maintenance work.

Public service providers shall be responsible for establishing pricing plans for public service products according to the work content stipulated in the signed contract, submit them to the Vietnam Railway Administration for review and verification, and present them to the Ministry of Transport for examination and approval.

Based on the pricing plan approved by the Ministry of Transport, the Vietnam Railway Administration shall adjust the public service procurement contracts with the aforementioned service providers and organize implementation according to regulations.

c) Regarding regular and emergency repairs included in the approved maintenance plan, the Vietnam Railway Administration shall examine, approve, and organize implementation according to laws on investment and construction and related laws.

d) Regarding emergency repairs not included in the approved maintenance plan, it shall be carried out as follows:

For emergency repairs of national railway infrastructure damaged by typhoons, floods, earthquakes, natural disasters, it shall be implemented according to the regulations of the Minister of Transport on flood and storm prevention, disaster aftermath mitigation, and emergency response in railway operations.

For emergency repairs of infrastructure damaged by other causes, the Ministry of Transport shall authorize the Vietnam Railway Administration to approve; report the results of implementation to the Ministry of Transport.

3. The Ministry of Transport shall organize inspections and monitoring of the implementation of the maintenance plan for state-owned railway infrastructure according to regulations.

4. Organizations and individuals receiving limited-term transfers, leasing rights to operate and manage state-owned railway infrastructure shall independently implement the maintenance plan for the transferred railway infrastructure.

Article 17. Inspection, Maintenance, Repair, and Safety Assessment of Railway Infrastructure

1. Public service providers using state budget funds shall carry out inspection and maintenance of railway infrastructure according to procurement contracts and approved maintenance procedures.

2. Inspection, maintenance, repair of railway infrastructure; safety assessment during operation and use including load-bearing safety and operational safety shall be carried out according to laws on construction project quality management and maintenance and the provisions of this Circular.

3. Quality inspection cases of railway infrastructure shall be carried out according to laws on construction project quality management and maintenance. The establishment and submission for approval of inspection project outlines and budgets shall be conducted as follows:

a) For national railways, based on the approved maintenance plan, the Vietnam Railway Administration shall select organizations to implement according to laws on construction project quality management and maintenance.

b) Organizations and individuals receiving limited-term transfers, leasing rights to operate and manage state-owned railway infrastructure shall establish project outlines, submit them to the Vietnam Railway Administration for examination and approval; self-approve budgets and organize implementation.

Article 18. Quality Management and Maintenance of Railway Projects in the military maintenance of works on railways

1. The Vietnam Railway Administration, railway infrastructure business enterprises, organizations and individuals receiving limited-term transfers, leasing exploitation rights, operating national railway infrastructure invested by the State, public service providers using state budget funds, and other organizations and individuals related to railway project maintenance work shall be responsible for implementing quality management in accordance with the laws on quality management and construction project maintenance, and the provisions of this Circular.

2. The Vietnam Railway Administration and public service providers using state budget funds must establish a quality management system and railway project maintenance system to meet the goals and requirements of national railway project maintenance work. The quality management and railway project maintenance system must have a clear, specific, detailed organizational chart, clearly defining the responsibilities of each individual, agency, and department in the management and maintenance activities of railway infrastructure..

3. Conduct testing and inspection or require suppliers to present complete test and inspection certificates, decisions allowing the use of various types of materials, components, supplies, equipment, accessories, and connecting parts in railway project maintenance work.

4. Establish and record comprehensive maintenance logs in accordance with regulations. Internal acceptance must be organized before issuing an acceptance request form to confirm that the quality of railway project maintenance work carried out meets the goals and requirements of maintenance work. Internal acceptance activities must be documented in writing and become part of the railway project maintenance file.

5. Warranty period for railway project repair work according to the regulations on quality management and construction project maintenance.

6. National railway project maintenance quality management must be implemented in accordance with technical standards applicable and regulations on monitoring criteria and acceptance results of national railway infrastructure assets of the Ministry of Transport.

Article 19. Periodic reports during the management and maintenance of railway infrastructure

1. Railway infrastructure business enterprises, public service providers, organizations and individuals receiving limited-term transfers, leasing exploitation rights, operating national railway infrastructure invested by the State shall implement periodic reports on the contents within their responsibility as stipulated in this Circular and the laws on railways:

a) Report Name: Periodic Report on the Results of Railway Infrastructure Management and Maintenance Work.

b) The report content must fully reflect the following: Tasks performed; volume and budget approved or adjusted by the Ministry of Transport in the railway infrastructure management and maintenance plan; implementation quality, acceptance results, payment; proposals and recommendations (if any).

c) Reporting entity: Railway infrastructure business enterprises, public service providers, organizations and individuals receiving limited-term transfers, leasing exploitation rights, operating national railway infrastructure invested by the State.

d) Receiving authority: Vietnam Railway Administration.

đ) Method of submitting reports: Paper documents and through the information management, monitoring, and supervision system for national railway infrastructure maintenance work.

e) Deadline for submission of reports: Before July 15th each year for the mid-year six-month periodic report; before January 15th of the following month for the annual report.

g) Frequency of reporting: Twice a year.

h) Data closing period for reports: From January 1st to June 30th for the mid-year six-month periodic report; from January 1st to December 31st for the annual report.

i) Reporting form according to Model No. 01 Appendix 03 issued together with this Circular.

2. Based on the periodic reports of railway infrastructure business enterprises, public service providers, organizations and individuals receiving limited-term transfers, leasing exploitation rights, operating national railway infrastructure invested by the State, the Vietnam Railway Administration supplements remaining contents in the maintenance plan and compiles periodic reports on the results of implementing the national railway infrastructure management and maintenance plan:

a) Report Name: Periodic Report on the Results of Railway Infrastructure Management and Maintenance Work.

b) The report content must fully reflect the work approved or adjusted by the Ministry of Transport in the railway infrastructure management and maintenance plan; implementation quality, acceptance results, payment; proposals and recommendations (if any).

c) Reporting entity: Vietnam Railway Administration.

d) Receiving authority: Ministry of Transport.

đ) Method of submitting reports: Paper documents signed by authorized persons and stamped by the agency or unit; online reports on the information management, monitoring, and supervision system for national railway infrastructure maintenance work using electronic signatures.

e) Deadline for submission of reports: Before July 30th each year for the mid-year six-month periodic report; before January 31st of the following month for the annual report.

g) Frequency of reporting: Twice a year.

h) Data closing period for reports: From January 1st to June 30th for the mid-year six-month periodic report; from January 1st to December 31st for the annual report.

i) Reporting form according to Model No. 02 Appendix 03 issued together with this Circular.

Article 20: Responsibilities for managing railway infrastructure and maintaining railway works

1. The specialized state management agency for railways:

a) Organizes the management of railway infrastructure and the maintenance of national railway works in accordance with regulations; bears legal responsibility for the quality of the maintenance of national railway works.

b) Manages and uses financial resources allocated for the management of railway infrastructure and the maintenance of national railway works;

c) Inspects, audits, supervises; resolves complaints and reports, handles violations of the law in the implementation of railway infrastructure management and railway work maintenance tasks;

d) Performs other contents prescribed by law within the responsibilities of the specialized state management agency for railways related to the management and maintenance of railway works.

2. Railway Infrastructure Business Enterprises:

a) Carries out the maintenance of railway works according to the provisions of the law when assigned, leased, or transferred;

b) Uses and operates railway infrastructure according to regulations;

c) Protects railway infrastructure to ensure uninterrupted and safe railway transportation;

d) Bears legal responsibility for incidents or deterioration of works due to non-compliance with the maintenance regulations;

đ) Performs other contents prescribed by law within the responsibilities of enterprises related to the management of railway infrastructure and the maintenance of railway works.

3. Service providers using state budget funds implement their rights and obligations as stipulated in Article 27 of Decree No. 32/2019/NĐ-CP dated April 10, 2019 of the Government on assigning tasks, placing orders, or tendering for the provision of products and public services funded from the state budget from regular expenditure.

4. Organizations and individuals receiving limited-term transfers, leasing rights to exploit and operate state-invested national railway infrastructure bear the responsibility for managing railway infrastructure and maintaining railway works according to contracts with competent state management agencies; they bear legal responsibility for incidents or deterioration of works due to non-compliance with maintenance regulations.

Chapter IV

COSTS FOR MAINTAINING RAILWAY WORKS

Article 21: Sources of funds for maintaining railway works

1. Funds for maintaining railway works invested by the state are formed from the following sources:

a) State budget;

b) Other lawful revenues as prescribed by law.

2. Organizations and individuals receiving limited-term transfers, leasing rights to exploit and operate state-invested national railway infrastructure are responsible for arranging maintenance funds for the transferred railway works according to contracts with competent state management agencies.

3. Management and use of maintenance funds for railway works shall be carried out in accordance with current laws.

Article 22: Costs for maintaining railway works

1. Contents of cost items related to the implementation of railway work maintenance include:

a) Costs for preparing and reviewing maintenance procedures and economic-technical norms serving railway work maintenance tasks;

b) Costs for implementing annual routine maintenance tasks, including: costs for planning railway work maintenance (including planning, budgeting for railway work maintenance, review, verification, and other related costs);

c) Costs for regular inspections, periodic inspections, and sudden inspections of railway works;

d) Costs for maintaining railway works;

đ) Costs for regular repairs and emergency repairs of railway works;

e) Costs for inspecting and evaluating the quality of railway works;

f) Costs for establishing and managing maintenance records of railway works; costs for building and updating infrastructure databases serving railway work maintenance tasks;

g) Costs for monitoring railway works; costs for assessing load safety and operational safety of works during exploitation and use;

h) Other necessary costs related to the above.

2. Determination of costs for managing and maintaining railway works shall be carried out in accordance with relevant legal guidance.

Chapter V

IMPLEMENTING PROVISIONS

Article 23. Effectiveness of Implementation

This Circular takes effect from March 15, 2021, and replaces Circular No. 16/2018/TT-BGTVT dated April 4, 2018, of the Minister of Transport on the management and maintenance of railway works, except for the cases stipulated in Clause 1 of Article 24 of this Circular.

Article 24. Transitional Provisions

For the preparation, approval, and implementation of plans for the maintenance of national railway works, it shall be carried out as follows:

1. Works and tasks that have been approved and are being implemented until the date this Circular takes effect but have not yet been completed shall continue to be implemented according to Circular No. 16/2018/TT-BGTVT dated April 4, 2018, of the Minister of Transport.

2. Contents of work to be implemented after the effective date of this Circular shall be carried out according to the provisions of this Circular.

Article 25. Implementation organization

1. The Director of the Ministry's Office, the Inspector General of the Ministry, the Heads of Departments, the Director of the Vietnam Railway Administration, the Heads of agencies, units, organizations, and individuals concerned are responsible for implementing this Circular.

2. During implementation, if issues arise, organizations and individuals should promptly report them to the Ministry of Transport for review and resolution./.