Circular No. 05/2015/TT-BGTVT on standards for positions of railway staff directly serving urban rail operations

CIRCULAR

Provisions on the standards for positions of railway staff directly serving urban rail operations

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Pursuant to the Railway Law dated June 14, 2005;

Pursuant to Decree No. 14/2015/NĐ-CP dated February 13, 2015 of the Government detailing the implementation of certain provisions of the Law on Railways;

Pursuant to Decree No. 107/2012/NĐ-CP dated December 20, 2012 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Transport;

At the proposal of the Director of the Cadre and Civil Servant Department and the Director of the Vietnam Railway Administration,

The Minister of Transport shall issue a Circular stipulating the standards for positions of railway staff directly serving urban rail operations.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates the standards for positions of railway staff directly serving urban rail operations.

Article 2. Applicability

This Circular applies to railway staff directly serving urban rail operations and related organizations and individuals.

Article 3. Positions of railway staff directly serving urban rail operations

Positions of railway staff directly serving urban rail operations include:

1. Train dispatching staff;

2. Train drivers;

3. Railway staff serving train operations at stations;

4. Railway staff supporting safety on trains.

Chapter II

STANDARDS FOR POSITIONS OF RAILWAY STAFF DIRECTLY SERVING URBAN RAIL OPERATIONS

Article 4. Standards for positions of railway staff directly serving urban rail operations

1. Train dispatching staff are those who directly command train operations according to the train schedule, command the resolution of train operation incidents, issue speed warning orders to relevant units, and suspend train operations on the urban rail line if there is a threat to train safety. The position of train dispatching staff must meet the following conditions:

a) Having a college degree or higher in transportation management, transport, or urban rail operation;

b) Holding a health certificate meeting the requirements set by the Ministry of Health;

c) Having at least one year of direct experience in one of the three positions: train driver, railway staff serving train operations at stations, or railway staff supporting safety on trains;

d) Meeting the examination requirements for train dispatching operations organized by enterprises managing, operating, and running urban rail systems.

2. Train drivers are those who directly control train operations safely, at prescribed speeds, according to the train schedule, execute train dispatching staff's command orders, follow operational procedures, and participate in resolving traffic accidents on the urban rail line. The position of train driver must meet the following conditions:

a) Holding a training certificate for urban rail train driving;

b) Being no older than 55 years old for males and no older than 50 years old for females;

c) Holding a health certificate meeting the requirements set by the Ministry of Health;

d) Holding a valid train driving license issued by the competent authority in accordance with the regulations of the Ministry of Transport;

đ) Meeting the examination requirements for train driving operations organized by enterprises managing, operating, and running urban rail systems.

3. Railway staff serving train operations at stations: These are individuals responsible for executing train dispatching staff's command orders, directly participating in resolving and rectifying train operation incidents at stations. The position of railway staff serving train operations at stations must meet the following conditions:

a) Having a primary level or higher education in transportation or urban rail operation;

b) Holding a health certificate meeting the requirements set by the Ministry of Health;

c) Meeting the examination requirements for station train operation service operations organized by enterprises managing, operating, and running urban rail systems.

4. Railway staff supporting safety on trains are those who assist train drivers in checking, monitoring, ensuring passenger safety when boarding and alighting from trains, informing train drivers to operate trains safely, and cooperating with train drivers to resolve traffic accidents on the urban rail line. The position of railway staff supporting safety on trains must meet the following conditions:

a) Having a primary level or higher education in transportation or urban rail operation;

b) Holding a health certificate meeting the requirements set by the Ministry of Health;

c) Meeting the examination requirements for train safety support operations organized by enterprises managing, operating, and running urban rail systems.

Article 5. Use of positions for direct train operation staff on urban railway

1. Direct train operation staff may perform tasks of positions assigned by the employer according to the following provisions:

a) The position of train driver may perform tasks of the safety support staff position on the train;

b) The position of train dispatcher may perform tasks of direct train operation staff positions that they have previously undertaken for at least one year.

2. Train drivers must be trained and tested in their duties when changing between different urban railway lines or types of trains. The enterprise managing, operating, and running the urban railway line shall be responsible for implementing training and testing of these train drivers.

3. In cases where direct train operation staff do not undertake work continuously for more than six months, if they wish to continue undertaking work, they must pass a vocational test and meet the requirements set by the enterprise managing, operating, and running the urban railway line.

Chapter III

IMPLEMENTING PROVISIONS

Article 6. Responsibilities of the Vietnam Railway Administration

1. Guide, disseminate, and inspect the implementation of this Circular. During the implementation process, collect suggestions and proposals, study, and submit to the Minister of Transport for amendments and supplements to regulations to suit actual conditions.

2. Take the lead and coordinate with relevant agencies and units to organize regular or spot inspections of the standards of railway staff directly serving urban railway train operations as prescribed by law.

Article 7. Responsibilities of enterprises managing, operating, and running urban railway lines

1. Organize health checks for direct train operation staff within the scope of management of the enterprise according to current regulations.

2. Organize vocational checks for direct train operation staff once a year.

3. Organize vocational tests and examinations for direct train operation staff on urban railway lines before assigning them positions as stipulated in this Circular.

4. Do not assign positions of direct train operation staff to those who do not meet health standards or fail vocational tests and examinations.

Article 8. Effective Date

1. This Circular takes effect from June 1, 2015.

2. For new urban railway lines put into operation using technology being used for the first time in Vietnam, the position standards for direct train operation staff on these urban railway lines shall be applied according to the technological standards of the urban railway line through training and technology transfer.

3. For train drivers on new urban railway lines put into operation using technology being used for the first time in Vietnam, the competent state agency as prescribed by the Ministry of Transport shall organize examinations and issue Driver's Licenses after these urban railway lines complete trial runs.

Article 9. Implementation Organization

The Director of the Ministry's Office, the Inspector General of the Ministry, Heads of Departments, the Director of the Vietnam Railway Administration, Heads of agencies, organizations, and individuals related shall be responsible for enforcing this Circular./.