Circular No. 06/2013/TT-BCA detailing the procedures for investigating and resolving railway traffic accidents by road and railway traffic police

CIRCULAR
Regulations on the investigation and resolution of railway traffic accidents of the Road and Railway Traffic Police
Traffic police for road and railway

Pursuant to the Law 3. Amend Clause 3 Article 2 as follows:Railway 2005;

Căn cứ Pháp lệnh XAdministrative Violations Handling Ordinance 2002 and the Ordinance amending and supplementing some articles of the Administrative Violations Handling Ordinance 2008; amend and supplement some articles of the Ordinance XAdministrative Violations Handling Ordinance 2008;

On the basis of the Criminal Investigation Organization Ordinance 2004; the Ordinance amending and supplementing the Criminal Investigation Organization Ordinance 2006 and 2009; amending certain provisions of Circular No. 15/2019/TT-NHNN Ton criminal investigation procedures in 2006 and 2009;

On the basis of Decree No. 77/2009/NĐ-CP dated September 15 2009 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Public Security; 2009 Government Decree stipulating the functions, tasks, powers, and organizational structure of the Ministry of Public Security;

At the proposal of the Director General of the Traffic Police Administration under the Ministry of Public Security,

The Minister of Public Security issues this Circular stipulating the procedures for investigating and resolving railway traffic accidents of the Road and Railway Traffic Police.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates the principles, procedures for investigating and resolving railway traffic accidents of the Road and Railway Traffic Police force.

Article 2. Applicability

This Circular applies to:

1. Officers and non-commissioned officers of the Road and Railway Traffic Police (hereinafter referred to as officers) perform the task of investigating and resolving railway traffic accidents.

2. Public security units and localities.

3. Agencies, organizations, and individuals related to the activities of investigating and resolving railway traffic accidents.

Article 3. Principles of investigating and resolving railway traffic accidents

1. Adhering to the provisions of this Circular, Circular No. 76/2011/TT-BCA dated November 22, 2011 of the Ministry of Public Security stipulating the division of responsibilities and coordination relationships in the work of investigating and resolving traffic accidents of the People's Armed Police Force (hereinafter referred to as Circular No. 76/2011/TT-BCA) and other relevant laws.

2. Ensuring speed, timeliness, accuracy, objectivity, and comprehensiveness.

3. Performing duties within the assigned authority and tasks.

4. Ensuring the implementation of democratic regulations in traffic order and safety assurance work and the Police Order.

5. Strictly prohibiting the abuse of assigned tasks to engage in corruption, harassment, causing inconvenience, and infringing upon the legitimate rights and interests of organizations and individuals.

Article 4. Standards for officers performing the task of investigating and resolving railway traffic accidents

1. Having a mid-level police education or equivalent or higher. For officers graduating from non-police institutions, they must attend a police vocational training course.

2. Having at least one year of continuous service in the Traffic Police force.

3. Having been trained in railway traffic accident investigation and resolution according to the content and program of vocational training organized by the General Administration of Public Security for Social Order and Safety Management and having received a certificate from the competent authority confirming completion of the railway traffic accident investigation and resolution vocational training course.

Chapter II

PROCEDURES FOR INVESTIGATING AND RESOLVING
RAILWAY TRAFFIC ACCIDENTS

Section I
PROCEDURES FOR INVESTIGATING RAILWAY TRAFFIC ACCIDENTS

Article 5. Receiving reports

1. When receiving a report of a railway traffic accident, the officer must ask clearly and record in the Accident Report Book the following information:

a) Name, address, telephone number (if available) of the person reporting the incident; time of receiving the report.

b) Time and location of the accident (specify: hour, day, month, year, at km, section or station, railway line, belonging to village, commune, ward; district, town, city under province; province, centrally governed municipality).

c) Information related to the railway traffic accident, form of the accident: Train derailment, track damage, locomotive derailment, car derailment, train collision with road vehicles, train crushing people, etc.; train mark, train leader, driver. If it involves road vehicles, record the vehicle license plate, type of vehicle, and the driver.

d) Initial losses involving people (number of deaths, number of injuries); railway vehicles, equipment, and other property.

đ) Names, addresses, telephone numbers of related persons or those who know about the accident.

e) Other information about the railway traffic accident.

g) If the reporter is a railway employee, additional questions must be asked: Actions taken at the scene (organizing protection, rescuing injured persons, protecting the scene, etc.); their preliminary assessment of the scene and the cause of the accident.

2. Immediately after completing the provisions of Clause 1 of this Article, the officer receiving the report must report the accident to the unit's direct commander.

Article 6. Handling Information

The direct leader of the unit must handle the information as follows upon receiving a report:

1. When the Highway Police Traffic Management Department receives a report about a traffic accident, it shall notify the Highway and Railway Traffic Police Office, the Provincial Public Security Traffic Police Office under the Central Government, or the traffic police unit responsible for patrolling and controlling on the route near the location of the accident to send officers to the scene to organize rescue operations for victims, protect the scene, safeguard the victims' property, identify witnesses; at the same time, notify the County, District, City, and Provincial Public Security Office (hereinafter referred to as the County-level Public Security Office) where the accident occurred to send officers to the scene to investigate and resolve the matter.

2. When the Provincial Public Security Traffic Police Office receives a report about a traffic accident, it shall notify the traffic police unit responsible for patrolling and controlling on the route near the location of the accident to send officers to the scene to organize rescue operations for victims, protect the scene, safeguard the victims' property, and identify witnesses; at the same time, immediately notify the County-level Public Security Office where the accident occurred to send officers to the scene to investigate and resolve the matter.

3. When the County-level Public Security Office receives a report about a traffic accident, it shall handle the matter as follows:

a) For railway traffic accidents within its jurisdiction, immediately dispatch officers to the scene to investigate and resolve the matter according to the provisions of this Circular.

b) For railway traffic accidents involving road vehicles, immediately dispatch officers to the scene to investigate and resolve the matter according to the provisions of this Circular and the Circular of the Ministry of Public Security stipulating procedures for investigating and resolving road traffic accidents.

c) In cases where the persons or vehicles involved in the accident have participated in insurance, the office may notify the insurance company to come to the scene to cooperate in handling the aftermath of the traffic accident.

4. In cases where a report is received about a traffic accident causing particularly serious consequences, in addition to implementing the provisions of Clauses 1, 2, and 3 of this Article, the initial reporting system for traffic accidents causing particularly serious consequences as prescribed by the Ministry of Public Security must also be implemented.

Article 7Immediate actions upon arriving at the scene of a traffic accident

1. Organize rescue operations for victims

a) Record the position of the victim before transporting them for medical care.

b) If the victim has died, mark the position, take photographs, record video (if available), and cover the victim; if the deceased victim's position obstructs traffic, after marking the position, taking photographs, and recording video (if available), move the body out of the safe rail traffic area and cover it again.

2. Identify the main scene, delineate the area, and organize protection of the scene, with measures to safeguard the victims' property and goods on the vehicles involved in the accident.

a) For derailment incidents involving locomotives or carriages, the protected scene is the position of the locomotive or carriage after the accident and the section of railway from the stopping point of the locomotive or carriage to the starting point of the derailment, and from the starting point of the derailment back towards the direction of train travel for 100 meters (m) to 300 meters (m).

b) For train overturning incidents, the protected scene is as specified in Point a, Clause 3 of this Article, seal the locomotive's control cabin or speed recorder (black box); seal the locomotive's anti-sleep device; and the tail-end device.

c) For train collision incidents (head-on, rear-end, or side collisions) in stations or yards, the protected scene is the area where the two railway vehicles collided and their stopping positions after the accident.

d) For train collisions with road vehicles within the safe rail traffic area, the protected scene is the area where the accident occurred.

đ) For train splitting incidents, the protected scene is the area where the accident occurred.

e) If hazardous chemicals, poisons, explosives, or flammable materials are carried on the train, quickly determine the location of the carriages at the scene and request the railway sector to move those carriages out of the scene and secure them (photograph before moving the carriages).

3. Require the train conductor, driver, or station duty officer to organize protection according to the Railway Law regulations.

4. Collect information

a) Observe to detect and record vehicles, traces, and evidence left at the scene, on railway vehicles, road vehicles related to the accident, and on the clothing of the victims; record changes at the scene during the organization of rescue operations for victims.

b) Understand the situation, identify people who know about the traffic accident, clearly record their names, ID numbers, addresses, and phone numbers (if available), and request them to provide information about the traffic accident.

5. For train overturning incidents or train collision incidents (in stations, yards, or level crossings), establish records to seize the station operation log, train operation log, and level crossing operation log.

6. Upon arrival at the scene or during the handling of the traffic accident as stipulated in Clauses 1, 2, 3, 4, and Clause 5 of this Article, if signs of criminal activity are discovered, promptly report to the designated Criminal Investigation Police force to resolve the matter according to their authority.

Article 8. Examination of the accident scene in traffic accidents

1. Actions to be taken before examining the accident scene

a) Accepting tasks from the on-site protection unit and understanding the situation of the traffic accident.

b) Inviting witnesses and specialized staff, railway management units to participate in the examination.

c) Observing the entire accident location to have a comprehensive overview of the area and position where the accident occurred; determining the scope of the scene, positions of victims, evidence, traces; assessing whether the scene remains intact or has been disturbed.

d) Determining the scope of examination, methods of examination, direction for drawing the accident scene diagram, and reference points for locating the accident site.

đ) Checking equipment, vehicles, tools used for the examination work.

2. Conducting the examination

a) Examining victims, transportation means, evidence, and traces left at the scene.

b) Marking the natural order of positions of victims, means, evidence, and traces with numbers; preliminarily recording related traces on transportation means.

Traces outside the vehicle that are easily changed or deformed need to be collected and preserved immediately at the scene such as bloodstains, hair, fibers, fuel, oil, other organic chemical traces.

c) Taking photos of the general scene, partial scenes, and video recording (if available); taking photos of victims, means, traces, and evidence related (when taking photos, a scale must be placed).

d) Measuring and drawing the accident scene diagram.

đ) Collecting traces and evidence, preserving and taking samples for comparison (if necessary) in accordance with the provisions of the law.

3. Record of the accident scene examination

The record of the accident scene examination must clearly and fully record the time, place, participants in the examination, witnesses, the scene, and the examination process. Specifically as follows:

a) Weather conditions and lighting during the examination.

b) The condition of the scene before the examination.

c) Describing the terrain and the organization of traffic control at the accident site.

d) Numbering the positions of victims, means, evidence, and traces in natural order.

đ) Describing the specific characteristics (shape, size, color, state) of victims, means, evidence, and traces on the scene according to their numbered positions.

e) Recording the specific quantity of means, evidence, and traces discovered and collected, and comparison samples.

g) Recording the process of photographing the scene and video recording (if applicable).

4. Concluding the accident scene examination

a) Reviewing the tasks performed during the examination process.

b) Preliminarily evaluating traces and materials collected at the scene to determine the relevance of collected traces or the need to collect additional relevant traces.

c) Approving and signing the record of the accident scene examination.

Article 9. Examination of the locomotive

1. Recording the locomotive number and seizing the locomotive logbook, driver's documents, and co-driver's documents controlling the means.

2. Examining the cab

a) Checking the position and status of the steering wheel, reversing lever, brake lever (large brake, small brake, hand brake); readings of various gauges (speed, main air tank pressure, brake pipe pressure, lubricating oil pressure, coolant temperature...). For the air pressure gauge, the calibration seal must be carefully checked.

b) Checking the horn, lighting system, sanding system.

3. Inspecting, temporarily holding, and sealing the black box tape, speed recorder disc; in case the locomotive is overturned and non-operational, seal the cab.

4. Examining the steering gear

a) Identifying the first axle off the track, focusing on examining the steering gear with that axle. If the first axle off the track cannot be identified, examine all axles.

b) Examining pairs of wheels, measuring the distance between wheels, height and thickness of wheel flanges, checking paint marks between the axle and wheel rim, drive belt, rolling surface to find technical faults; identifying unusual marks on wheel flanges, axles, and rolling surfaces. In the case of a three-axle steering gear, check the distance between axles and the offset of the steering gear hub; determine the longitudinal clearance of the universal joint at the axle end.

c) Measuring the height of the spring system, checking the spring band, spring hanger, spring leaves.

5. Inspecting the length and angle of hydraulic shock absorbers; position and status of the electric motor, transmission between the electric motor and the axle; paying attention to burnt smells from the electric motor and bearings to detect fire incidents in these parts.

6. Examining the braking system

a) Checking the operation of the air pump, safety valve of the main air tank, air pipe system, air shut-off valves, status of the brake cylinder piston.

b) Checking the braking system decoration, brake shoe hanger, brake beam, brake rod, brake disc.

c) Checking the number and measuring the thickness of brake shoes, brake linings; examining marks and colors on the surface of brake shoes.

d) Checking the operation of the sanding system; examining marks on the shock absorber.

7. Inspecting mounting parts, support brackets, couplers, drawbars... following the provisions of Clauses 4, 5, 6, and 7 of Article 9 of this Circular.

8. Preparing the locomotive examination record, the record must fully document the locomotive examination process and specifically describe traces on the locomotive.

9. Approving and signing the locomotive examination record.

Article 10. Examination of passenger cars

1. Recording the car number, weight, load, height, length, width, regular maintenance time (recorded on the car side), goods transported in the car (if any).

2. Examining the car body: determining the condition of goods in the car (quantity, volume, and stacking state); determining the tilt of the car body; connection and working condition between superstructures; if it is a self-unloading freight car, the position of the car body control lever and the state of the locking mechanism of the control lever must be determined.

3. Examining running parts, braking systems, mounting parts, supports, couplers... following the provisions of Clauses 4, 5, 6, and 7 of Article 9 of this Circular.

4. Examine the hand-operated lever position of the braking system; guardrails, pedestrian crossings, steps, handrails...; goods on the railway car: type of goods, quantity, weight, method of stacking and securing the goods. In cases where a train accident occurs due to loss of braking capability, it is necessary to check the state of the brakes, manual braking systems on each railway car, and may test the brakes according to the provisions of the Railway Law.

5. Prepare a record of the examination of the railway car, which must fully document the examination process of the railway car and provide a detailed description of the traces found on the railway car.

6. Approve and sign the examination record of the railway car.

Article 11. Take statements from railway employees

1. Depending on the specific circumstances of each case, take statements and reports from railway employees related to the traffic accident, such as: Train drivers, assistant drivers, train conductors, station duty officers, shunting masters, crossing guards, or patrolmen at bridges, roads, tunnels...; when examining any means of transport or equipment, take statements and reports from the managers and users of that means of transport or equipment.

2. The taking of statements from railway employees related to the traffic accident must be recorded in a statement. The content of the statements must clarify the course of events, causes of the accident, and their actions before, during, and after the accident. If the accident involves railway safety equipment, signaling devices, locomotives, or railway cars, the content of the statements should focus on the process of receiving, operating, and work procedures of the users, managers, and repairers.

Article 12. Taking statements from victims 1. The taking of statements from victims must be recorded in a statement. The requirements for taking statements must clarify the course of events, causes of the accident, injuries caused by the accident, and other relevant details.

2. In cases where the victim is seriously injured, statements can only be taken after medical treatment by healthcare personnel and with the consent of the victim; questions should be concise and clear.

If the victim may die, statements must be taken immediately. If the victim is seriously injured and unable to speak, a record of this fact must be made and confirmed by the treating healthcare personnel.

. Taking statements from witnesses

Article 131. The taking of statements from witnesses must be recorded in a statement. The requirements for taking statements must clarify the following issues:

a) Determine the capacity of the witness to act, and the relationship between the witness and the individuals involved in the accident.

b) The location of the witness (line of sight, distance from the accident site, time of day, weather conditions, lighting at the time of the accident, whether they noticed the event, and how they became aware of the accident).

c) The direction of movement of the parties involved in the accident (people and vehicles).

d) Speed, handling by the vehicle operators before, during, and after the accident, and sounds produced by the collision of vehicles.

đ) The reactions of the individuals involved prior to the accident.

e) The positions of the vehicles, people, and evidence after the accident, whether these positions have been altered; if there has been any alteration or movement, who did it and why.

g) The external manifestation of the psychological state of the person causing the accident (influence of stimulants, alcohol, health condition...).

h) Other factors related to the traffic accident that the witness knows about, and who else knows about the occurrence of the accident.

2. In cases where statements cannot be taken from witnesses immediately at the scene, the investigator must record information about the permanent residence, workplace, school, contact phone number... of the witness, then proceed to the witness's place of residence, workplace, or school, or invite them to the police station of the district (where the accident occurred) to take statements. For children under 16 years old, when taking statements, the guardian (father, mother, legal representative, or teacher) of the child must be present and sign the statement.

3. In cases where a traffic accident involves multiple witnesses, statements must be taken from each individual separately; in cases where initial investigation determines that there are no witnesses, the investigator assigned to investigate and resolve the traffic accident must report to the leadership of the unit in writing.

4. Other activities to collect materials related to traffic accidents

Article 14. In addition to implementing the provisions from Article 7 to Article 13, depending on the nature and severity of each traffic accident, the public security agency must carry out the following investigative activities when investigating and resolving the accident:

1. Seize evidence, road traffic vehicles, and drivers related to railway traffic accidents

a) Seize road traffic vehicles related to railway traffic accidents

- When a traffic accident occurs, all related road traffic vehicles must be seized to serve the examination, investigation, and resolution process, except those entitled to priority according to regulations. The seizure of road traffic vehicles must be recorded in a seizure record, noting the condition of the seized vehicle and issuing a decision to seize the vehicle. When returning the seized road traffic vehicle, a record of return must be prepared according to the law. It is strictly prohibited to retain the vehicles of the parties involved in the traffic accident as a basis for compensation claims.

- The seizure and resolution of seized vehicles shall be carried out in accordance with the law on administrative violations and other relevant laws.

- In cases where the accident indicates criminal activity, the traffic police force transfers the vehicle along with the accident file to the Criminal Investigation Agency.

b) Seize drivers of vehicles related to traffic accidents

- The seizure of drivers of vehicles must be carried out in accordance with the regulations on administrative detention.

- When seizing a person, measures must be taken to ensure the safety of the person being detained.

c) Seize other evidence and vehicles of persons related to traffic accidents at the scene

c) Seize evidence and other means of transportation related to the traffic accident at the scene

- The temporary detention shall be clearly and fully recorded in the content of the detention record; important items must be sealed and signed by witnesses.

- When returning the detained items and means, a record shall be established and the person involved in the traffic accident or their representative shall be required to sign the record.

2. Examination of road traffic vehicles related to railway traffic accidents

The examination of road traffic vehicles related to railway traffic accidents shall be carried out in accordance with Article 10 of Circular No. 77/2012/TT-BCA dated December 28, 2012 of the Ministry of Public Security on the procedures for investigating and resolving road traffic accidents handled by the Road Traffic Police.

3. Recording traces on the victim's body

a) The recording of traces on the victim's body must be carefully examined on clothing, hats, helmets (detailed descriptions in the record, photographs taken); there must be a witness of the same gender present; if the victim is female and the examination involves injuries to the head and limbs caused by a traffic accident, then the examination shall be conducted normally, but if the injuries are in sensitive areas (chest, abdomen, or genital area), a female officer shall participate in the examination; in necessary cases, a request for forensic assessment of disabilities shall be made.

b) It is strictly prohibited to take advantage of examining traces on the victim's body to infringe upon the victim's honor, dignity, or health. Initial determination of the percentage of disability of the victim.

4. Determining technical standards of the railway related to the traffic accident

a) Determine the first derailment point or the initial accident point.

b) Conduct technical inspection of the railway within a range of 100 meters to 300 meters, starting from the first derailment point or the accident point opposite the direction of train travel, measuring every 3 meters and recording data on distance and level; if the accident occurs at a curve, then the rail name must be checked to determine the curvature of the curve.

c) Inspect the quantity and quality of railway equipment and accessories: rails, joint gaps, fishplates, fasteners, ballast, and determine the connection between them. If there are gaps between connections, they must be measured specifically, especially the gap between the rail and the fishplate, the gap under the fishplate with the upper layer of ballast, the gap between spikes, bolts, and the rail base; pay attention to marks on the rail, fishplate, and accessories.

d) Collect traces: In cases where the locomotive or car derails due to obstacles on the railway (spikes, rocks...) or equipment falls off the locomotive or car, an examination of traces on the obstacle must be conducted and a record of collection and preservation according to regulations must be established; in cases where the accident is caused by equipment falling off the locomotive or car, the position and state of the equipment before the accident must be determined; determine the state of disconnection when separated from the locomotive or car (angle, bolt loosening; deformation...).

đ) The determination of technical standards of the railway related to the traffic accident must be recorded in a record in accordance with the provisions of the law.

5. Determining technical standards of level crossings and shared bridges related to the traffic accident

a) Determine the accident point on the level crossing.

b) Determine visibility, condition of the level crossing (surface paving, slope, angle of intersection, guard rail...), classification of the level crossing, signaling in the level crossing area, organization of traffic on the level crossing (with or without protection, legal or illegal level crossing...).

c) Inspect traces on the railway: wheel skid marks, oil stains, blood (if any).

d) Inspect traces on the section of road intersecting with the railway.

đ) Inspect the validity of the vehicle and the driver, vehicle inspection certificate, driving license; health condition of the driver.

e) In cases where the accident occurs at a level crossing with protection (with personnel and traffic control system).

- Determine the status of the barrier and signals on the road at the time of the accident; traces left on the barrier.

- Record the position of the red mobile stop sign and signals on the railway.

- Record the operation of the signaling equipment.

- Determine the position of the level crossing guard at the time of the accident, training certificates, duty assignments, level crossing logbook.

g) The determination of technical standards of level crossings and shared bridges related to the traffic accident must be recorded in a record in accordance with the provisions of the law.

6. Determining technical standards of bridges related to the traffic accident

a) In cases where the accident occurs on a bridge due to the upper structure of the railway, it shall be carried out in accordance with Clause 4 of this Article.

b) Determine the signal status at both ends of the bridge (if any). For shared bridges between roads and railways, determine the traffic organization at both ends of the bridge.

c) In cases where the accident is caused by the bridge structure, the location of the accident on the bridge must be determined.

- Determine the type of bridge (concrete, steel), characteristics, and features of the bridge.

- Measure the total height of the bridge, length of one span, number of piers.

- Record visible defects.

d) Propose the establishment of a committee to determine the technical standards of the bridge.

g) The determination of technical standards of the bridge related to the traffic accident must be recorded in a record in accordance with the provisions of the law.

7. Determining technical standards of tunnels related to the traffic accident

a) Determining the technical standards inside the tunnel shall be carried out in accordance with Clause 4 of this Article.

b) In cases where water leakage causes an accident in the tunnel, the damage to the tunnel shell leading to the accident must be determined.

c) The determination of technical standards of the tunnel related to the traffic accident must be recorded in a record in accordance with the provisions of the law.

8. Determining technical standards of tracks related to the traffic accident

a) Determine the direction, indication of the switch, the pressure of the switch blade against the main rail, the operational status of switch equipment and accessories.

b) Check the technical quality of the switch blade, maintenance conditions, guard rail, switch center and main rail; check the quality of the safety pin position, electrical lock controlling the switch.

c) Examine any foreign objects within the scope of operation of the recorder, if present, describe their location and size, and collect and preserve them.

d) Determine the plan for receiving and dispatching trains, train concentration activities at the station, and the operations of the duty officer and the recorder: Collect the train concentration slips, route cards, and station train running logs.

đ) The determination of technical criteria related to the recorder involved in the traffic accident must be documented according to the provisions of the law.

9. Reconstruct the scene

a) During the investigation of a traffic accident, if there is evidence that the scene has been disturbed, fabricated, or if it is deemed necessary for the investigation and resolution of the traffic accident, reconstruct the scene of the accident. Reconstruction of the scene must be authorized by a person with authority.

Prior to reconstructing the scene of the accident, a specific plan must be established and approved by the head of the unit; there must be witnesses present, and relevant parties may also participate. For scenes involving railway technology, railway experts should be invited to participate.

b) The content of reconstructing the scene of the accident must re-establish the positions of the victims, vehicles, evidence, and traces left at the scene, review the circumstances, actions, and details at the time of the traffic accident; measure and redraw the scene diagram; take photographs as a basis for comparison.

c) Upon completion of the reconstruction of the scene of the accident, a record must be established according to regulations, all participants in the reconstruction must sign the record, clearly stating their names.

10. Expert appraisal

a) In cases where an expert appraisal of the injuries of the victim or a technical appraisal of the vehicle, bridge, or road is required, the investigator assigned to handle the case must report to the competent authority to request the appraisal agency to conduct the appraisal.

b) If the victim refuses the injury appraisal, a record must be made, specifying the reason for refusal, confirmed by the victim or a witness.

PART II
RESOLUTION OF RAILWAY TRAFFIC ACCIDENTS

Article 15. Reviewing the results of the investigation and deciding on the resolution of traffic accidents

1. Based on the investigation file and materials, the investigator assigned to handle the traffic accident must submit a written report on the investigation results and propose the resolution of the accident to the Head of the County Public Security Office (for traffic accidents handled by the County Public Security Office) or the Head of the Traffic Police Department of the Provincial Public Security Office (for traffic accidents handled by the Provincial Traffic Police Department) for decision on the resolution of the traffic accident:

a) In cases where the traffic accident does not indicate criminal activity, complete the file and resolve the traffic accident according to the administrative procedure specified in Article 16 of this Circular.

b) In cases where the traffic accident indicates criminal activity, transfer the file to the competent Criminal Investigation Agency to investigate and process according to regulations.

c) In cases where the traffic accident involves personnel or vehicles of the People's Army, follow the provisions of Clause 2, Article 10 of Circular No. 76/2011/TT-BCA and Article 25 of this Circular.

2. The handover of files and related items between the Traffic Police and the Investigative Agency of the Public Security or Military must be recorded in a handover record; when handing over the file, copies must be retained at the unit.

3. Within ten days from the date of notification of the traffic accident, the Traffic Police must conduct an examination, investigation, and resolution of the traffic accident; for complex traffic accidents requiring further investigation, the deadline may be extended but not exceeding thirty days. If an expert appraisal is required or additional time is needed to gather evidence, the authorized person must report in writing to their direct superior for an extension; the extension must be in writing and not exceed thirty days.

Article 16. Resolution of traffic accidents railway according to administrative procedures

The investigator assigned to handle the traffic accident shall perform the following tasks:

1. Invite the parties involved or their legal representatives to the unit's premises to inform them of the investigation results, conclusions regarding the cause of the traffic accident, determine the fault of those involved in the traffic accident, and the form of resolution. The parties involved may express their opinions, which must be recorded in the resolution record and signed by the parties involved in the traffic accident.

If one of the parties involved in the traffic accident is absent for a valid reason, a record noting the absence and scheduling another meeting for resolution must be made.

2. Based on the investigation results and the resolution record of the traffic accident, issue a decision or propose to the competent leader to issue a decision imposing administrative penalties on those who have violated administrative regulations according to the law.

3. After the person penalized has completed the administrative penalty decision, prepare a record to return the seized vehicle, evidence, and documents to the person penalized according to the law on administrative penalties; attach the receipt for the fine to the upper left corner of the Administrative Penalty Decision and retain it in the traffic accident file.

4. Resolve the issue of remedying consequences and compensating losses among the parties involved in the traffic accident when they request compensation.

a) In cases where the parties involved reach an agreement on remedying consequences and compensating losses, a unified agreement on the amount and form of compensation must be signed and clearly stated by the relevant persons. Voluntary remediation and compensation by the party causing the accident can be considered a mitigating circumstance when issuing an administrative penalty decision.

b) In cases where the parties involved cannot reach an agreement on remedying consequences, the Traffic Police must guide the parties to contact the competent court at the same level to resolve the matter through civil proceedings.

Article 17. Conclusion of investigation and resolution of traffic accidents

1. After completing the work of investigating and resolving railway traffic accidents, the unit responsible for the investigation must complete the file, conclude the investigation; implement statistics and report on traffic accidents in accordance with Article 22 of this Circular; organize an evaluation to draw lessons from the investigation and resolution of traffic accidents.

Article 18. Opening registers to monitor traffic accidents and registering files for retention

1. Provincial Traffic Police Departments; County Traffic Police Teams must open two registers to monitor traffic accidents as follows:

a) Register for receiving reports of traffic accidents.

b) Register for handling traffic accident cases.

2. The two registers to monitor traffic accidents prescribed in Clause 1 of this Article and the file of traffic accident cases must be registered for retention, preservation, and exploitation in accordance with the file management regulations of the Ministry of Public Security.

Article 19. Forms used in the investigation and resolution of railway traffic accidents

1. The forms prescribed in Article 19 of Circular No. 77/2012/TT-BCA dated December 28, 2012 of the Ministry of Public Security stipulating the procedures for investigating and resolving road traffic accidents by Road Traffic Police.

2. Record of determining technical standards of railways, level crossings, shared bridges, bridges, tunnels related to traffic accidents (Form No. 04a/ĐTTNĐS issued together with this Circular).

Article 20. Files and arrangement of traffic accident case files

1. Administrative violation handling files (marked XL) are arranged according to groups of documents and within each group are arranged chronologically as follows:

a) Decision not to initiate criminal proceedings, Decision to revoke the Decision to initiate criminal proceedings, Decision to terminate criminal proceedings, Decision to terminate criminal investigation, and other decisions (if any).

b) Scene examination records; record of determining technical standards of railways, level crossings, shared bridges, bridges, tunnels related to traffic accidents; scene diagrams; photographs; video recordings (if any).

c) Vehicle examination records; decision to temporarily detain vehicles and items related to traffic accidents; temporary detention records of vehicles and items related to traffic accidents; records of returning vehicles and items related to traffic accidents.

d) Records of statements from persons involved in traffic accidents including: Record of statements from railway staff related to traffic accidents, record of statements from victims, record of statements from other persons involved in traffic accidents, record of statements from witnesses (if there are multiple people and each person has multiple records, they should be arranged by individual and chronologically).

đ) Record of marks on the bodies of victims and diagrams of the positions of injury marks on the bodies of victims; record of reconstructing the scene of the traffic accident (if any).

e) Documents proving human losses (injury certificates, medical prescriptions), property losses, and other relevant documents (if any).

g) Report proposing resolution of traffic accidents.

h) Documents regarding compensation agreements.

i) Investigation and resolution conclusion report.

k) Traffic accident resolution record.

l) Administrative penalty decision, fine receipt.

2. Traffic accident case files transferred to the Investigative Agency include:

a) Scene examination records, scene diagrams, scene photographs, video recordings (if any).

b) Vehicle examination records, temporary detention records of vehicles, vehicle detention decisions, documents of the vehicle drivers and goods on the vehicles (if any).

c) Records of statements from persons involved in traffic accidents including: Record of statements from railway staff related to traffic accidents, record of statements from victims, record of statements from other persons involved in traffic accidents, record of statements from witnesses.

d) Record of marks on the bodies of victims and diagrams of the positions of injury marks on the bodies of victims; record of reconstructing the scene of the traffic accident (if any).

đ) Documents proving human and property losses, other relevant documents (if any).

e) File handover record.

Article 21. Documents to be provided to insurance companies

In cases where parties involved in traffic accidents have insurance coverage, based on their functions, tasks, and authority granted, the agencies handling the investigation and resolution of traffic accidents shall be responsible for notifying and providing one or more of the following documents to insurance companies for the purpose of resolving insurance compensation claims:

1. A photocopied (with confirmation from the head of the unit handling the accident) report on the examination of the accident scene, a diagram of the scene, and photographs.

2. A photocopied (with confirmation from the head of the unit handling the accident) report on the examination of vehicles related to the accident.

3. A photocopied (with confirmation from the head of the unit handling the accident) preliminary notification of the initial investigation results of the traffic accident.

4. A photocopied (with confirmation from the head of the unit handling the accident) report on the resolution of the traffic accident.

Article 22. Information Reporting and Statistical Aggregation System for Railway Traffic Accidents

1. All levels of Traffic Police units under the Public Security must strictly implement the reporting, statistical, and aggregating system for railway traffic accident data as prescribed by the Ministry of Public Security.

2. When a railway traffic accident occurs with particularly serious consequences, the Provincial Traffic Police Department must report the incident to the Highway-Railway Traffic Police Bureau according to Form No. 01/TNDS issued together with this Circular.

3. On a monthly, semi-annual, and annual basis, the County Public Security, the Provincial Traffic Police Department, and the Highway-Railway Traffic Police Bureau must report, statistically aggregate, and compile information and data on railway traffic accidents according to Forms No. 02/TNDS and No. 03/TNDS issued together with this Circular:

a) The County Public Security reports to the Provincial Traffic Police Department.

b) The Provincial Traffic Police Department reports to the Highway-Railway Traffic Police Bureau.

c) The Highway-Railway Traffic Police Bureau reports to the Administrative Management Police General Department for Social Order and Safety.

4. Reports, statistics, and aggregations of railway traffic accident data from public security units and localities sent to higher authorities shall be conducted through various forms: written documents, via computer networks, or fax. Written reports must bear the signature and seal of the head of the unit.

Chapter III

SOME SPECIFIC SITUATIONS IN THE INVESTIGATION AND RESOLUTION OF RAILWAY TRAFFIC ACCIDENTS
SETTLEMENT OF RAILWAY TRAFFIC ACCIDENTS

Article 23. Cases involving foreign nationals and vehicles in railway traffic accidents

1. When a railway traffic accident involves foreign nationals and vehicles, it shall be handled according to Chapter II of this Circular; at the same time, Decree No. 01/TTLN-KS-NV-TP-NG dated September 8, 1988, jointly issued by the Supreme People's Procuracy, the Ministry of Home Affairs (now the Ministry of Public Security), the Ministry of Justice, and the Ministry of Foreign Affairs, guiding the investigation and handling of violations of road traffic laws caused by foreign persons and vehicles, or other provisions of international treaties to which the Socialist Republic of Vietnam is a party, shall also apply.

2. Along with the examination of the accident scene, the initial activities of the public security organs must determine the legal status of foreign individuals, the legal regime of the offending vehicle, victims, and property losses... The public security organs have the right to request the person causing the accident to present necessary identity documents and sign the investigation records at the scene; if they refuse to sign, this must be noted in the record and witnessed by someone.

a) Individuals with diplomatic status as defined in the Ordinance on Privileges and Immunities for Diplomatic Missions, Consular Posts, and International Organization Representative Offices in Vietnam can only be questioned as witnesses with their clear consent. If such requests are refused, this must be clearly noted in the record.

b) Taking statements from foreign individuals is conducted according to standard procedures at the public security agency's office. Foreign individuals may choose their own interpreter, or the public security agency may invite an interpreter. If a diplomat or consul agrees to act as a witness, the questioning or taking of statements may be conducted at a convenient location agreed upon by them.

c) For foreign individuals without diplomatic status (experts, businesspeople, students, interns, tourists in Vietnam...) involved in traffic accidents, the investigation and resolution shall be carried out as with Vietnamese citizens. However, if temporary detention is deemed necessary, the Provincial Public Security Director must be reported to for coordination with the foreign affairs department to resolve the matter.

d) Difficulties encountered during the investigation of serious traffic accidents involving individuals from foreign representative offices shall be coordinated and resolved by the public security, people's procuratorate, and foreign affairs departments at the provincial level, while simultaneously reporting upwards along the vertical line (Ministry of Public Security, Supreme People's Procuracy, Ministry of Foreign Affairs) for further guidance.

Article 24. Cases involving traffic accidents related to high-ranking officials of the Party and State

1. In cases where a railway traffic accident involves high-ranking officials of the Party and State, such officials must be transported to a safe location or to a necessary place as required by them.

2. In cases where a traffic accident occurs due to a railway vehicle colliding with a road vehicle of high-ranking officials of the Party and State, it shall be handled as follows:

a) If the vehicle of such high-ranking official is still operational and meets the conditions for traffic participation, a record of the accident shall be made, noting the license plate number, registration certificate, driver's license of the vehicle operator, marking the position of the vehicle, recording the positions of traces on the vehicle, photographing the scene, filming (if available), and requesting the vehicle operator to sign the record before proceeding; a time will be set for the vehicle operator to report to the Public Security agency's office for resolution.

b) If the vehicle of such high-ranking official does not meet the conditions for traffic participation, such official must be transported to a safe location or to a necessary place as required by them. If such official directly operates the vehicle in traffic, a record of the accident shall be made before proceeding, noting the license plate number, registration certificate, driver's license, marking the position of the vehicle, recording the positions of traces on the vehicle, photographing the scene, filming (if available), and requesting the official to sign the record; a time will be set for the official to report to the Public Security agency's office for resolution.

3. After completing the provisions stipulated in Clause 1 and Clause 2 of this Article, the investigation and resolution of the traffic accident shall be carried out according to the regulations in Chapter II of this Circular.

4. In cases where a traffic accident involving high-ranking officials of the Party and State occurs and such officials are injured or killed, the resolution shall be carried out according to the regulations in Chapter II of this Circular.

5. For traffic accidents involving high-ranking officials of the Party and State, the investigating and resolving agencies must report to the Provincial Public Security Agency and the Ministry of Public Security as prescribed.

Article 25Traffic accidents involving within the assigned route and area. persons, vehicles traffic of the People's Army

1. In cases of traffic collisions involving persons or road vehicles of the People's Army, the traffic police force shall investigate, resolve, and handle according to the law; at the same time, notify the competent investigative authority of the People's Army.

2. In cases of railway traffic accidents involving persons or road vehicles of the People's Army that require investigation to determine the nature and severity of the accident, the traffic police force shall conduct initial investigative activities such as inspecting the scene, inspecting the vehicle, taking statements from individuals involved in the traffic accident... according to the provisions of this Circular; at the same time, notify the competent criminal investigative authority of the People's Army to coordinate in conducting initial investigative activities.

a) In cases where the traffic accident indicates criminal offenses, the traffic police force shall transfer all relevant files, materials, and vehicles to the criminal investigative authority of the People's Army within its jurisdiction for resolution. After transferring to the criminal investigative authority of the People's Army, the traffic police force shall continue to cooperate according to the request of the criminal investigative authority of the People's Army.

b) In cases where the traffic accident does not indicate criminal offenses, the traffic police force shall complete the file to resolve according to the provisions of Article 16 of this Circular.

Article 26. In cases where railway traffic accidents occur due to fires or explosions on railway transportation vehicles and related facilities, causing interruptions to railway traffic

1. Mobilize forces and the public to organize the evacuation of people and assets from the fire scene.

2. Use available means to extinguish the fire; at the same time, immediately notify the Fire Prevention and Fighting Police to come and cooperate in handling the situation. Coordinate with local authorities and relevant agencies to address consequences, clear traffic, and participate in inspections when required.

3. Organize investigations according to Chapter II of this Circular.

Article 27. In cases where railway traffic accidents lead to acts disrupting public order

1. Traffic police cooperate with train conductors, railway security personnel, and railway staff to publicize and explain, seeking support from the public to isolate the ringleaders and instigators. During the handling process, it is necessary to create an active position and be vigilant against the ringleaders and extremists.

2. In cases where the disruption escalates, traffic police must take measures to protect the accident scene, safeguard vehicles and goods from damage, and report immediately to the Provincial Public Security Director for instructions; simultaneously, report to the local authority where the accident occurred to implement measures for resolution (if the disruption is caused by military personnel, they must also simultaneously inform the district or county military commander or the provincial military command to coordinate in resolving the situation).

3. Organize investigations according to Chapter II of this Circular.

Article 28. In cases where victims refuse to seek medical treatment

1. Investigating and accident handling officers or medical personnel present who attempt to transport victims for medical treatment but are refused by the victim must record the refusal in a written statement, confirmed by medical personnel and witnesses.

2. If only investigating and accident handling officers attempt to transport victims for medical treatment but are refused by the victim, a written statement recording the refusal must be made, confirmed by a witness.

Chapter IV

IMPLEMENTATION

Article 29.  Effectiveness

This Circular takes effect from March 18, 2013, and replaces Decision No. 19/2007/QĐ-BCA(C11) dated January 5, 2007, issued by the Minister of Public Security regarding the procedures for investigating and handling railway traffic accidents.

Article 30. Responsibility for Implementation

1. The Director of the General Administration of Administrative Management of Public Order and Social Safety is responsible for directing, inspecting, and guiding local public security units in implementing this Circular.

2. The Finance Department is responsible for ensuring funding for traffic police forces to carry out accident investigation and handling work.

3. The Director of the Highway and Railway Traffic Police Bureau is responsible for assisting the Director of the General Administration of Administrative Management of Public Order and Social Safety in implementing:

a) Monitoring, guiding, inspecting, and urging the implementation of this Circular.

b) Compiling training materials for the investigation and handling of railway traffic accidents.

c) Organizing training in the investigation and handling of railway traffic accidents for officers under the Highway and Railway Traffic Police Bureau and leaders of the Traffic Police Departments of provincial public security bureaus, leaders of county-level public security bureaus, and commanders of traffic police units nationwide.

4. The Provincial Public Security Director is responsible for:

a) Organizing training in the investigation and handling of railway traffic accidents for traffic police officers under their management according to the training material compiled by the Highway and Railway Traffic Police Bureau; before organizing the training, a plan must be sent to the General Administration of Administrative Management of Public Order and Social Safety (through the Highway and Railway Traffic Police Bureau) for monitoring and supervision.

b) Directing and organizing the implementation of accident investigation and handling work; printing and using the forms attached to this Circular.

c) Only assigning officers who have been certified as having completed the training course on the investigation and handling of railway traffic accidents to handle such tasks.

5. Directors of General Administrations, heads of units directly under the Ministry of Public Security, Provincial Public Security Directors, and Directors of Municipal Public Security Bureaus directly under the Central Government, and Directors of Fire Prevention and Fighting Police Departments are responsible for implementing this Circular.

During the implementation of this Circular, if any issues arise, local public security units shall report to the Ministry of Public Security (through the General Administration of Administrative Management of Public Order and Social Safety) for timely guidance.