Circular No. 07/2020/TT-BGTVT amending and supplementing certain articles of Circular No. 33/2018/TT-BGTVT dated May 15, 2018, issued by the Minister of Transport regarding standards, duties, and authorities for positions of railway staff directly serving train operations; contents and training programs for positions of railway staff directly serving train operations; conditions, contents, procedures for examination and issuance, reissuance, and revocation of train driving licenses on railways.

CIRCULAR

Amending and supplementing certain articles of Circular No. 33/2018/TT-BGTVT dated May 15, 2018 issued by the Minister of Transport regarding standards, duties, and authorities for railway staff positions directly serving train operations; contents and training programs for railway staff positions directly serving train operations; conditions, contents, examination procedures, issuance, reissuance, and revocation of train driver licenses on railways

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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 qregarding standards, duties, and authorities for railway staff positions directly serving train operations; contents and training programs for railway staff positions directly serving train operations; conditions, contents, examination procedures, issuance, reissuance, and revocation of train driver licenses on railways.

Article 1. Amending and supplementing certain articles of Circular No. 33/2018/TT-BGTVT dated May 15, 2018 issued by the Minister of Transport regarding standards, duties, and authorities for railway staff positions directly serving train operations; contents and training programs for railway staff positions directly serving train operations; conditions, contents, examination procedures, issuance, reissuance, and revocation of train driver licenses on railways

1. Market management agencies at all levels include: the Department of Domestic Market Management and Development under the Ministry of Industry and Trade; the Market Management Business Unit under the Department of Domestic Market Management and Development; the Market Management Sub-department under the Department of Industry and Trade of provinces and centrally-administered cities; and the Market Management Team under the Market Management Sub-department.

"1. This Circular applies to organizations and individuals related to train operation work, training for railway staff positions directly serving train operations; examinations, issuance, reissuance, and revocation of train driver licenses on railways.

2. This Circular does not apply to persons operating rail transport equipment for installation, testing, and construction activities during new railway projects."

2. Amending and supplementing point c, Clause 1, Article 12 as follows:

"c) Having experience in performing the duties of both signalman and locomotive coupling and car coupling, with at least two months of work experience at stations, locomotive preparation facilities, and car preparation facilities for each position."

3. Amending and supplementing point a, Clause 2, Article 13 as follows:

"a) Directly under the command and control of the train dispatching duty officer at the station to manage, supervise, inspect, operate signals, and perform locomotive guiding and track guiding tasks to support station train organization according to the train schedule, train dispatching orders, national technical standards for railway operation, railway signaling, train operation procedures, and track consolidation work, and station technical management rules."

4. Amending and supplementing Clause 2 and Clause 3, Article 14 as follows:

"2. Duties:

a) Directly under the command and control of the train dispatching duty officer to perform locomotive guiding and track guiding tasks, and directly under the command and control of the consolidation team leader to perform consolidation and locomotive coupling and car coupling tasks according to national technical standards for railway operation, railway signaling, train operation procedures, and track consolidation work, and station technical management rules;

b) Checking necessary safety conditions in accordance with technical standards and other issues related to train safety while performing assigned tasks.

3. Authorities: Temporarily stopping locomotive guiding work and immediately reporting to the train dispatching duty officer if necessary safety conditions are not met; temporarily stopping consolidation plans if necessary safety conditions are not met and immediately reporting to the consolidation team leader."

5. Amend and supplement Clause 2 of Article 18 as follows:

"2. Depending on operational technology, workload, enterprises using labor as stipulated in Article 3 of this Circular shall arrange an appropriate number of railway staff positions directly serving train operations, assign specific tasks to each position to implement the duties and authorities specified in Section 1, Chapter II of this Circular to ensure train safety."

6. Amending and supplementing Clause 2, Article 21 as follows:

"2. Duties:

a) Directly controlling trains to run safely, at prescribed speeds, according to the train schedule, implementing train dispatching orders, operating procedures, participating in resolving traffic accidents on urban railway lines;

b) Guiding and supervising train drivers who have obtained certificates or licenses for urban railway driving and being primarily responsible for train safety throughout the guidance and supervision process."

7. Amending and supplementing Clause 2 of Article 24 as follows:

"2. Depending on operational technology, workload, enterprises using labor as stipulated in Article 19 of this Circular shall arrange an appropriate number of railway staff positions directly serving train operations, assign specific tasks to each position to implement the duties and authorities specified in Section 2, Chapter II of this Circular to ensure train safety."

8. Amending and supplementing point d, Clause 4, Article 27 as follows:

"d) Persons holding a train driver license as stipulated in points a and c, Clause 2 of this Article are permitted to drive trains within urban railway depot (depot) areas and special railway vehicles but must be trained and tested in accordance with the requirements for such special railway vehicles as specified by the enterprise, and organized."

9. Supplementing point đ, Clause 3, Article 30 as follows:

"đ) In cases where domestic or foreign experts are required to serve as practical train driving examiners on urban railways, such experts must have at least one year of direct experience in the position of urban railway train driver (counted from the date the Vietnam Railway Administration issues the decision to establish the examination team) and must be confirmed by the unit employing such experts."

10. Amending and supplementing Clause 1, Article 31 as follows:

"1. Organizing examination sessions

a) Based on the results of the review of examination application files, the Director of the Vietnam Railway Administration issues decisions to organize examination sessions for train driver licenses at enterprises requiring examinations;

b) Based on the decisions to organize examination sessions of the Vietnam Railway Administration, enterprises shall organize examinations according to the contents specified in Clause 1, Article 31 of this Circular."

11. Supplementing Clause 6, Article 78 as follows:

"6. Being responsible under the law for:

a) Selecting train drivers to guide train drivers who have obtained certificates or licenses for urban railway driving as stipulated in point b, Clause 2, Article 21 of this Circular;

b) Propose examiners to participate in the Examining Team ensuring that they meet the examiner standards as stipulated in Clause 3, Article 30 of this Circular.

Article 2. Effective Date

This Circular takes effect from May 1, 2020.

Article 3. Implementation Organization

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, the Heads of Departments, the Director of the Vietnam Railway Administration, the Heads of agencies and units, and individuals concerned shall be responsible for implementing this Circular./.