Circular No. 04/2011/TT-BGTVT amending and supplementing certain provisions related to administrative procedures under the Regulation on management, examination, issuance, replacement, and revocation of ship driving licenses issued together with Decision No. 44/2005/QĐ-BGTVT dated September 22, 2005 of the Minister of Transport.

CIRCULAR

Amending and supplementing certain provisions related to administrative procedures under the Management Regulation on Examination, Issuance, Renewal, Replacement, and Revocation of Train Driver Licenses issued together with Decision No. 44/2005/QĐ-BGTVT dated September 22, 2005 of the Minister of Transport

issue, renew, revoke the license to operate vessels issued together with Decision No. 44/2005/QĐ-BGTVT

dated September 22, 2005, of the Minister of Transport

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Pursuant to the Railway Law dated June 14, 2005;

Pursuant to the Law on Legislative Acts of 03 June 2008;

Pursuant to Decree No. 24/2009/NĐ-CP dated March 5, 2009, of the Government detailing and providing measures for implementing the Law on Legislative Documents;

Pursuant to Decree No. 51/2008/NĐ-CP dated April 22, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Transport,

The Minister of Transport hereby promulgates:

Article 1. Amending and supplementing certain provisions related to administrative procedures under the Management Regulation on Examination, Issuance, Renewal, Replacement, and Revocation of Train Driver Licenses issued together with Decision No. 44/2005/QĐ-BGTVT dated September 22, 2005 of the Minister of Transport.

1. Clause 1 of Article 10 shall be amended and supplemented as follows:

"1. A person who is a full citizen of the Socialist Republic of Vietnam, aged from 23 to 55 for males and from 23 to 50 for females, holding a certificate of fitness for train driving issued by a district-level general hospital (or equivalent) or higher."

2. Article 11 shall be amended and supplemented as follows:

"Article 11. Procedures for examination and issuance of new train driver licenses

1. Implementation procedures:

a) Enterprises or individuals requiring examination shall prepare and submit an application for examination directly or through the postal service to the Vietnam Railway Administration;

b) The Vietnam Railway Administration shall receive and review the application: if the application is complete as prescribed, it shall notify the enterprise or individual in writing of the time and place of the examination; if the application is incomplete as prescribed, it shall notify the enterprise or individual in writing and provide guidance on completing the application;

c) The Vietnam Railway Administration shall organize the examination and issue train driver licenses to those who pass the examination.

2. Application for examination:

a) Components of the application for examination include:

- An application form confirmed by the head of the unit directly managing the applicant for examination according to the model specified in Appendix 2 of this Regulation;

- Certificate of fitness for train driving issued by a district-level general hospital (or equivalent) or higher;

- A copy of the graduation certificate (or qualification certificate) in the relevant field of railway transportation equipment driving (confirmed by the head of the enterprise or notarized), corresponding to the type of equipment being examined, issued by the training institution;

- Three color photographs measuring 3x4 cm taken within six months from the date of submission of the application.

b) Quantity of applications: one set.

3. Article 16 is amended and supplemented as follows:

"Article 16. Procedures for reissuing train driver licenses

1. Implementation procedures:

a) Individuals who have lost or damaged their train driver licenses shall apply for reissue by submitting the application for reissuance of the license directly or through the postal service to the Vietnam Railway Administration;

b) The Vietnam Railway Administration shall receive and review the application: if the application is complete as prescribed, it shall process according to the regulations; if the application is incomplete as prescribed, it shall notify in writing and guide the applicant to complete the application;

c) The Vietnam Railway Administration shall compare with the original record and reissue train driver licenses to those whose applications are complete as prescribed.

2. Application for reissuance of train driver licenses:

a) Components of the application for reissuance of train driver licenses include:

- An application for reissuance of the train driver license according to the model specified in Appendix 3 of this Regulation;

- Three color photographs measuring 3x4 cm taken within six months from the date of submission of the application.

4. Clause 2 of Article 17 shall be amended and supplemented as follows:

"2. Procedures for replacing train driver licenses

a) Procedure:

- Enterprises or individuals requiring replacement of train driver licenses shall submit an application for replacement of the license directly or through the postal service to the Vietnam Railway Administration;

- The Vietnam Railway Administration shall receive and review the application: if the application is complete as prescribed, it shall process according to the regulations; if the application is incomplete as prescribed, it shall notify in writing and guide enterprises or individuals to complete the application;

- The Vietnam Railway Administration shall replace train driver licenses for those whose applications are complete as prescribed.

b) Components of the application for replacement of train driver licenses include:

- An application for replacement of the train driver license according to the model specified in Appendix 3 of this Regulation;

- Certificate of fitness for train driving issued by a district-level general hospital (or equivalent) or higher;

- A copy of the train driver license to be replaced, confirmed by the head of the unit directly managing the applicant;

- Three color photographs measuring 3x4 cm taken within six months from the date of submission of the application.

5. Article 18 is amended and supplemented as follows:

"Article 18. Time limit for issuing new, reissuing, and replacing train driver licenses

1. Within five working days from the date the Director of the Vietnam Railway Administration issues a decision recognizing the successful candidates after the examination, the Vietnam Railway Administration must complete the issuance of new licenses for those who passed the examination.

2. Within five working days from the date of receipt of a complete application for reissuance or replacement of train driver licenses as prescribed, the Vietnam Railway Administration must complete the reissuance or replacement of train driver licenses.

Article 2. This Circular takes effect forty-five days from the date of signature.

Article 3. The Head of the Office of the Ministry, the Inspector General of the Ministry, Heads of Departments, the Director of the Vietnam Railway Administration, Heads of agencies, organizations, and individuals concerned are responsible for implementing this Circular.