Circular No. 05/2021/TT-BGTVT amending and supplementing certain Articles of Circular No. 33/2018/TT-BGTVT dated May 15, 2018 of the Minister of Transport on standards, tasks, and authorities for railway staff directly serving train operations; contents and training programs for railway staff directly serving train operations; conditions, contents, procedures for examination and issuance, reissuance, and revocation of railway locomotive driver licenses; and Circular No. 24/2020/TT-BGTVT dated October 13, 2020 of the Minister of Transport amending and supplementing certain Articles of Circulars on periodic reporting systems in the railway sector.

CIRCULAR

Amending and supplementing certain Articles of Circular No. 33/2018/TT-BGTVT dated May 15, 2018 of the Minister of Transport stipulating standards, tasks, and authorities for railway staff positions directly serving train operations; training content and programs for railway staff positions directly serving train operations; conditions, contents, examination procedures, and issuance, reissuance, and revocation of train driver licenses on railwaysand Circular No. 24/2020/TT-BGTVT dated October 13, 2020 of the Minister of Transport amending and supplementing certain Articles of Circulars stipulating regular reporting systems in the railway sector Traffic safety and within the assigned route and area. The Director of the Vietnam Railway Administration

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Pursuant to the Railway Law dated June 16, 2017;

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;

At the proposal of the Head of the Circular No. 33/2018/TT- VT dated May;

The Minister of Transport hereby issues this Circular. "7. A flexible power plant is a thermal power plant using reciprocating internal combustion engines (RICE) or aeroderivative gas turbines (Aero-GT) with fast start-up capabilities, designed in modular form to generate electricity for balancing capacity and maintaining power system stability."to amend and supplement amending certain provisions of 15BofT2018 by the Minister of TransportDeputy ministers of ministerial-level agencies,on railways qand Circular No. 24/2020/TT-BGTVT dated October 13, 2020 of the Minister of Transport amending and supplementing certain Articles of Circulars stipulating regular reporting systems in the railway sector and Circular No. 24/2020/TT-BGTVT dated October 13, 2020 of the Minister of Transport amending and supplementing certain Articles of Circulars stipulating regular reporting systems in the railway sector. Article 1. Amending and supplementing certain Articles of Circular No. 33/2018/TT-BGTVT dated May 15, 2018 of the Minister of Transport stipulating standards, tasks, and authorities for railway staff positions directly serving train operations; training content and programs for railway staff positions directly serving train operations; conditions, contents, examination procedures, and issuance, reissuance, and revocation of train driver licenses on railways

1. Amending and supplementing Clause 2, Article 28 as follows:

"2. Conditions for issuing train driver licenses to drivers on operational railway lines

a) Having complete files as prescribed in Point b, Clause 1, Article 35 of this Circular;

b) Meeting the requirements for examination content as prescribed in this Circular."

2. Supplementing Clause 3, Article 28 as follows:

"3. Conditions for issuing train driver licenses to the first drivers on newly operational urban railway lines with technology used for the first time in Vietnam

a) Having complete files as prescribed in Point b, Clause 2, Article 35 of this Circular;

b) Being personnel evaluated by urban railway business enterprises or project sponsors (or organizations entrusted by project sponsors to manage urban railway projects) as meeting the requirements when directly controlling trains safely during the system-wide trial operation of the project;

c) Having been evaluated as meeting the requirements by the Examination Board for issuing train driver licenses according to the regulations."

3. Supplementing Point d, Clause 2 and Clause 5, Article 29 as follows:

"d) Composition of the Examination Board for issuing train driver licenses for urban railway lines that have just been put into operation and operation with technology used for the first time in Vietnam: In addition to the composition prescribed in Points a, b, and c of this clause, there must be a representative from the project sponsor (or an organization entrusted by the project sponsor to manage the urban railway project)."

"5. Tasks, authorities, and responsibilities of the Examination Board for issuing train driver licenses for urban railway lines that have just been put into operation and operation with technology used for the first time in Vietnam:

c) Summarizing and reporting the results of the Examination Board's implementation according to regulations and proposing recommendations to the Vietnam Railway Administration regarding the issuance or non-issuance of train driver licenses according to the model attached as Appendix IIb to this Circular."

a) Checking, reviewing, and evaluating the validity and contents of the application for a locomotive driver license according to the provisions of this Circular;

b) Preparing the Minutes of the Examination Board's work according to the model prescribed in Appendix IIa attached to this Circular;

4. Amending and supplementing Article 35 as follows:

"Article 35. Procedures for issuing train driver licenses

a) Implementation process: Enterprises or individuals requiring examination for train driver licenses submit one set of files directly or through postal services or other appropriate means to the Vietnam Railway Administration;

1. Issuance of driving licenses for train drivers on operational railway lines

The Vietnam Railway Administration receives and checks the files. If the files are incomplete according to regulations, the Vietnam Railway Administration is responsible for guiding organizations or individuals to complete the files immediately on the same working day (for direct submission) or within two working days from the date of receipt (for submission through postal services or other appropriate means).

Within two working days from the date of receiving complete files according to regulations, the Vietnam Railway Administration is responsible for notifying enterprises or individuals in writing about the examination time and location. Within three working days from the date of examination results, the Vietnam Railway Administration issues train driver licenses. If the conditions for issuing train driver licenses are not met, a written response must be provided with the reasons stated.

Application for examination and issuance of new train driver licenses according to the model prescribed in Appendix IV issued together with this Circular; enterprise documents requesting examination and issuance of train driver licenses according to the model prescribed in Appendix V issued together with this Circular; Health certificate meeting the health standards for train drivers as prescribed by the Minister of Health; certified copies or copies accompanied by original documents for comparison of diplomas or certificates for railway transportation vehicles corresponding to the type of vehicle being examined; three color photographs measuring 3x4 cm taken within six months from the date of submitting the application.

b) Application documents for taking the examination and obtaining a new driving license include:

2. Issuing train driver licenses to the first drivers on newly operational urban railway lines with technology used for the first time in Vietnam

Urban railway business enterprises requiring train driver licenses submit one set of files directly or through postal services or other appropriate means to the Vietnam Railway Administration;

a) Procedure:

The Vietnam Railway Administration receives and checks the files. If the files are incomplete according to regulations, the Vietnam Railway Administration is responsible for guiding enterprises to complete the files immediately on the same working day (for direct submission) or within two working days from the date of receipt (for submission through postal services or other appropriate means).

If the files are complete, the Vietnam Railway Administration decides to establish the Examination Board for issuing train driver licenses immediately after receiving the enterprise's document appointing members to the Examination Board.

In case the file is complete, the Vietnam Railway Administration shall decide to establish the Examination Board for issuing locomotive driver licenses immediately upon receipt of the document nominating individuals to participate in the Examination Board from urban railway business enterprises.

Within three working days from the date of the Decision establishing the Examination Board, the Examination Board granting the railway driving license must submit a report on the implementation results of the Board in accordance with regulations and propose the Vietnam Railway Administration to issue a railway driving license to personnel who meet the requirements. In cases where personnel do not meet the requirements, the reasons must be clearly stated.

Within three working days from the date of receipt of the report on the implementation results and recommendations of the Examination Board granting the railway driving license, the Vietnam Railway Administration shall issue a railway driving license to personnel proposed by the Examination Board granting the railway driving license. If the conditions for issuing a railway driving license are not met, the Vietnam Railway Administration shall provide a written response stating the reasons.

b) Application documents for obtaining a driving license include:

A request for issuing a driving license for train drivers by urban railway business enterprises as prescribed in Appendix Va attached to this Circular;

The application for a railway driving license by personnel according to the form prescribed in Appendix Vb issued together with this Circular; three color photographs measuring 3x4 cm taken within six months from the date of submission of the application; Health certificate meeting the health standards for railway drivers as stipulated by the Minister of Health;

Confirmation from urban rail transport enterprises or the Project Investor (or organizations entrusted by the Project Investor to manage the urban rail project) that the personnel proposed for a railway driving license have directly operated trains safely during the system-wide trial operation of the Project as prescribed in Appendix Vc issued together with this Circular; certified copies or copies accompanied by original documents for comparison of certificates or certifications issued by authorized training institutions certifying that the personnel have been trained in urban rail transportation laws as required;

Certified copies: Acceptance record meeting the requirements of the human resource training and operation project contract for urban rail projects specializing in train driving, attached with a list of personnel proposed for a railway driving license; safety system certification (if the project requires safety system certification); diplomas, certificates, or graduation certificates in urban rail transportation driving issued by training institutions through the project's training and technology transfer process.

3. The file for issuing a railway driving license as prescribed in Clause 1 and Clause 2 of this Article shall be stored at the Vietnam Railway Administration for a period of ten years. The destruction of documents beyond their retention period shall be carried out in accordance with current regulations."

5. Supplement Article 77a as follows:

"Article 77a. Responsibilities of the Project Investor (or organization entrusted by the Project Investor to manage the urban rail project) for new urban rail systems put into operation using technology used for the first time in Vietnam

1. Appoint individuals to participate in the Examination Board granting the railway driving license as prescribed in Clause 2 of Article 29 of this Circular.

2. Confirm that the personnel proposed for a railway driving license have directly operated trains safely during the system-wide trial operation of the Project as prescribed in Point b, Clause 2 of Article 35 of this Circular. Bear legal responsibility for the contents of such confirmation.

6. Supplement Clause 7 and Clause 8 to Article 78 as follows:

"7. Bear responsibility for the contents of the confirmation regarding personnel who have directly operated trains safely during the system-wide trial operation of the Project as prescribed in Clause 2 of Article 35 of this Circular."

"8. Appoint individuals to participate in the Examination Board granting the railway driving license as prescribed in Clause 2 of Article 29 of this Circular."

Article 2. Amend the phrases "Annex IX" to "Annex XIV" and "Annex X" to "Annex XV" of Circular No. 24/2020/TT-BGTVT dated October 13, 2020 issued by the Minister of Transport amending and supplementing certain provisions of Circulars stipulating regular reporting regimes in the railway sector.

Article 3. Supplement the Annexes

Supplement Annexes IIa, Annex IIb, Annex Va, Annex Vb, and Annex Vc to this Circular.

Article 4. Effective date

This Circular takes effect from April 15, 2021.

State-owned enterprises that have been assigned by the Ministry of Agriculture and Rural Development to conduct offshore wind power project surveys before the effective date of this Circular shall continue to implement according to the assigned documents; any new matters arising after the effective date of this Circular shall be implemented in accordance with the provisions of this Circular.

1. The Vietnam Railway Administration shall be responsible for organizing the implementation of this Circular in coordination with relevant agencies and organizations. During the implementation process, if there are difficulties or obstacles, they shall collect opinions from units and enterprises and report to the Ministry of Transport for consideration and resolution.

2. 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 and units, and individuals concerned shall be responsible for implementing this Circular.