JOINT CIRCULAR No. 08/2011/TTLT-BCA-BGTVT ON THE COORDINATION IN IMPLEMENTING WORKS TO ENSURE ORDER AND SAFETY IN RAILWAY TRAFFIC

JOINT CIRCULAR

Regulations on Coordination in Implementing Traffic Order and Safety Assurance Work for Railways

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Pursuant to the Railway Law dated June 14, 2005;

Pursuant to Decree No. 109/2006/NĐ-CP dated September 22, 2006 detailing and guiding the implementation of certain provisions of the Law on Railways;

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

Pursuant to Decree No. 77/2009/NĐ-CP dated September 15, 2009 stipulating the Functions, Tasks, Authorities, and Organizational Structure of the Ministry of Public Security;

The Ministry of Public Security and the Ministry of Transport hereby prescribe regulations on coordination in implementing traffic order and safety assurance work for railways as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

These Circulars regulate principles, contents, forms, and responsibilities for coordinating in implementing traffic order and safety assurance work for railways.

Article 2. Applicability

These Circulars apply to public security units and localities; agencies and units under the transport sector, and organizations and individuals related to traffic order and safety assurance work for railways.

Article 3. Principles of Coordination in Ensuring Traffic Order and Safety

1. Adhering to laws and regulations on railway traffic, these Circulars, and other relevant legal provisions.

2. Based on the functions, tasks, and powers of public security units and localities and those of agencies and units under the transport sector.

3. Ensuring initiative, timeliness, and mutual agreement when coordinating in resolving and handling issues related to traffic order and safety (except where otherwise provided by law).

Article 4. Contents of Coordination Work

1. Advising on perfecting the system of legal documents on traffic order and safety for railways and organizing their implementation. Proposing or recommending preventive measures against railway accidents; ensuring traffic order and safety for railways.

2. Promoting and disseminating laws on traffic order and safety for railways.

3. Struggling against, preventing, and handling violations of laws on traffic order and safety for railways; protecting railway works and railway traffic safety zones; investigating and resolving railway traffic accidents; safeguarding special train trips; ensuring fire prevention and firefighting safety; conducting rescue operations; mitigating consequences of natural disasters, floods, storms, fires, and explosions that obstruct railway traffic.

4. Providing and exchanging information and data related to traffic order and safety assurance work for railways.

5. Organizing training and professional development for traffic order and safety assurance work for railways; fire prevention and firefighting, rescue operations for railway staff and People's Public Security officers directly responsible for traffic order and safety assurance work for railways.

Article 5. Forms of Cooperation

1. Developing and implementing plans for traffic order and safety assurance for railways.

2. Establishing inter-sectoral inspection teams to check the situation and work on traffic order assurance for railways and resolve related issues.

3. Holding inter-sectoral meetings to exchange information; advising competent authorities to propose measures and plans to organize the implementation of traffic order and safety assurance measures for railways.

4. Regularly exchanging information; periodically providing related data; organizing mid-term and final reviews of specialized topics on traffic order and safety assurance work for railways.

Chapter II

RESPONSIBILITIES IN COORDINATING THE IMPLEMENTATION OF TRAFFIC ORDER AND SAFETY ASSURANCE WORK FOR RAILWAYS

Article 6. Responsibilities of units under the Public Security Sector

1. Responsibilities of the Highway Police Traffic Safety Department

a) Take the lead and coordinate with relevant units of the Ministry of Transport to advise competent authorities on drafting regulatory legal documents on traffic order and safety for railway; proposals on ensuring traffic order and safety for railways; mechanisms, policies, and measures to ensure traffic order and safety for railways;

b) Coordinate with the Vietnam Railway Administration or direct the Highway-Railway Traffic Police to coordinate with railway sector inspection forces, administrative management police, local authorities, traffic safety committees, provincial-level public security agencies (hereinafter referred to as provincial-level public security agencies) to organize publicity of laws on traffic order and safety for railways through mass media and among railway activity participants and communities where railways pass through;

c) Take the lead and coordinate with public security units and localities, railway protection forces (railway enterprise protection forces and on-board train protection forces) to organize inspections, supervision, and handling of violations of laws on traffic order and safety, social order within railway areas (train formations, stations, level crossings, bridges, roads, tunnels); combat crime and violations of laws within railway areas;

d) Coordinate with the Protective Police Department, the General Guard Command, public security units and localities, and related organizations to ensure traffic order and safety for trains carrying high-ranking Party and State leaders, international delegations, and special cargo trains;

đ) Coordinate with local authorities, provincial-level public security agencies, provincial transport departments, and relevant transport sector units to inspect, clear, and protect railway construction projects, railway traffic safety zones; rescue and disaster relief operations following railway traffic accidents; natural disasters and floods that disrupt railway traffic;

e) Take the lead and coordinate with the Vietnam Railway Administration and public security units and localities to organize training and capacity building for public security officers tasked with ensuring railway traffic order and safety; train, build capacity, and issue Certificates of Railway Protection Training (in accordance with Decision No. 1669/2007/QĐ-BCA(C11) dated December 25, 2007 of the Minister of Public Security) for on-board train protection forces as stipulated by law;

g) Direct, guide, and inspect the Highway-Railway Traffic Police in their coordination with social order crime investigation police and related forces in investigating and resolving railway traffic accidents according to the law;

2. Responsibilities of Provincial-Level Public Security Agencies

a) Advise local authorities on measures to ensure railway traffic order and safety;

b) Coordinate with local authorities, traffic safety committees, transport departments, railway sector inspection forces, and related railway units to promote and mobilize local residents to comply with laws on railway traffic order and safety;

c) Coordinate with traffic inspection forces and railway sector inspection forces to inspect, supervise, and penalize violations of laws on traffic order and safety, social order within railway areas under their jurisdiction; guide and inspect railway units within their jurisdiction to implement legal provisions and recommend competent authorities to address shortcomings in fire prevention, firefighting, rescue, and hazardous goods transportation;

d) Coordinate with specialized forces of the Ministry of Public Security and related railway units to ensure safety for trains carrying high-ranking Party and State leaders, international delegations, and special cargo trains;

đ) Investigate and resolve railway traffic accidents, incidents causing disruption to railway traffic order and social order occurring within railway areas under their jurisdiction; promptly accept individuals, files, evidence, and means related to such incidents handed over by railway units, staff, and employees;

3. Responsibilities of Other Police Forces Other police forces within the scope of their functions, duties, and powers shall be responsible for coordinating with the Highway-Railway Traffic Police; transport sector agencies and units, and related organizations to implement measures to ensure railway traffic order and safety as prescribed by law and this Circular.

Article 7. Responsibilities of agencies and units under the Transport Industry

1. Responsibilities of the Department of Traffic Safety

To take the lead and coordinate with the Highway Police Traffic Management Bureau - Railways, the Vietnam Railway Administration, and related units to advise the Ministry of Transport on drafting regulatory legal documents concerning railway traffic order and safety; comprehensive plans for ensuring railway traffic order and safety nationwide; inter-sector mechanisms, policies, and measures to ensure railway traffic order and safety within the purview of the Ministry of Transport.

2. Responsibilities of the Vietnam Railway Administration

a) To take the lead and coordinate with the Highway Police Traffic Management Bureau - Railways, provincial police forces to disseminate and popularize laws concerning railway traffic order and safety through mass media and among entities involved in railway operations and communities adjacent to railway lines;

b) To direct specialized railway inspection forces and subordinate units to coordinate with highway police traffic management forces, administrative order police, transport inspectors, and provincial police forces to organize inspections and handle violations of laws concerning railway traffic order and safety; to advise and coordinate with local authorities, provincial transport departments, and related railway enterprises to implement measures to protect railway works, railway safety zones, and ensure railway safety at level crossings, shared bridges, and residential areas along railway lines; to participate in rescue operations and mitigate consequences of railway traffic accidents, natural disasters, and floods that disrupt railway traffic;

c) To direct subordinate units to cooperate in investigating and resolving railway traffic accidents upon request from competent public security organs;

d) To coordinate with the Highway Police Traffic Management Bureau - Railways and provincial police forces to organize training and capacity building for public security officers tasked with ensuring railway traffic order and safety and railway protection forces; to develop content and programs for training and capacity building for railway protection forces.

3. Responsibilities of the Vietnam Railway Corporation and railway business enterprises

a) To organize the implementation of regulatory legal documents concerning railway traffic order and safety, guidance documents on ensuring railway traffic order and safety, and to urge and inspect the implementation by subordinated railway officials and staff;

b) To promptly provide speed orders, load orders, train schedules, infrastructure repair and upgrade plans, special cargo transportation plans, industrial explosives transportation plans, hazardous goods transportation plans, and large-scale transportation plans related to ensuring railway traffic order and safety to relevant unit and local police forces;

c) To have specific plans and proactively coordinate with relevant unit and local police forces in ensuring order and safety in railway areas. To proactively advise and coordinate with public security organs and local authorities to organize propaganda and mobilize the public to comply with laws concerning railway traffic order and safety; to inspect and dismantle structures violating railway safety zones;

d) To organize railway protection forces to ensure order and safety on trains, stations, and railway lines; to promptly detect and prevent violations of laws according to their authority or to report to competent authorities to handle criminal offenses and violations of laws concerning railway traffic order and safety; social order and safety;

đ) To periodically hold inter-sector meetings (transportation, public security, local authorities) every three (three) months or as needed to evaluate cooperation efforts and report to superiors on work to ensure railway traffic order and safety within their jurisdiction;

e) When railway traffic accidents occur or incidents disrupting social order and railway traffic order and safety happen:

- To organize rescue operations, secure the scene, and protect state and victim property;

- To implement information reporting procedures as stipulated in Article 8 of this Circular. If public security organs are present at the scene, they shall establish case files according to the law and leave personnel to hand over to the competent public security organ to continue handling;

- To cooperate and support competent public security organs during investigations and resolution of cases when requested;

- To organize post-accident recovery work and restore railway traffic operations according to the law;

- To retain recordings of locomotive speeds related to the accident and provide them to public security organs upon request;

g) To plan coordination with relevant unit and local police forces to organize training and capacity building for railway traffic safety, protection skills, and the use of support tools for railway protection forces; to train railway staff in fire prevention and extinguishing skills; to inspect and urge railway protection forces in performing their duties, powers, and regulations on managing and using support tools according to the law;

h) To coordinate and support the Highway Police Traffic Management Bureau - Railways and provincial police forces to organize technical railway training for public security officers tasked with ensuring railway traffic order and safety;

i) To inform relevant agencies and units under the Ministry of Transport and related public security organs of the results of implementing recommendations concerning railway traffic order and safety and social order;

k) To facilitate conditions for public security officers in performing tasks to ensure railway traffic order and safety;

4. Responsibilities of Provincial Transport Departments

a) Direct, urge traffic inspection forces, road and waterway transport units and enterprises at localities to promptly coordinate and support police forces, local authorities, and related railway units in rescue operations and accident aftermath management for railway traffic accidents, natural disasters, floods, and storms that obstruct railway traffic;

b) Direct and urge local traffic inspection forces to cooperate with local authorities, specialized railway inspection forces, police forces, and related railway units to regularly inspect, identify, and handle acts of encroachment on railway works, railway traffic safety zones, violations of laws regarding road and railway traffic at level crossings and shared bridges within their jurisdiction; organize traffic diversion and regulation at level crossings and shared bridges according to the directives of competent authorities;

c) Take the lead and coordinate with related railway units to implement measures to ensure traffic safety where roads intersect with or run parallel to railways according to the provisions of the law and directives from competent authorities.

5. Responsibilities of other relevant agencies and units Other agencies and units within their functions, tasks, and powers shall be responsible for coordinating with public security agencies and related agencies and organizations to implement measures to maintain order and safety in railway traffic according to the provisions of the law and this Circular.

Article 8. Information, Reporting, and Data Provisioning System

1. The train conductor or station master shall immediately report railway traffic accidents and submit accident reports (in accordance with Form No. 01 issued together with this Circular), and related railway units shall immediately notify incidents causing disruption to railway traffic safety to the public security agency at the location of the incident for joint resolution.

2. County, district, town, and provincial city public security agencies shall report railway traffic accidents occurring within their jurisdiction to the provincial public security traffic police department (hereinafter referred to as the Traffic Police Department) (in accordance with Form No. 01 issued together with this Circular); monthly, every six months, and annually send reports, statistics, and summaries of railway traffic accidents occurring within their jurisdiction (in accordance with Form No. 02 issued together with this Circular).

3. Provincial Departments of Transport shall promptly provide the provincial public security traffic police department with information and programs/projects concerning road traffic safety that relate to railway traffic safety.

4. Monthly, every six months, and annually, the provincial public security traffic police department shall send reports, statistics, and summaries of railway traffic accidents occurring within its jurisdiction (in accordance with Form No. 02 issued together with this Circular) to the Highway and Railway Traffic Police Corps. In cases of complex incidents causing disruption to railway traffic safety or serious consequences from accidents, immediate reports shall be made to the Highway and Railway Traffic Police Corps for guidance.

5. The Highway and Railway Traffic Police Corps shall take the lead and coordinate with the Vietnam Railway Administration to review statistical data and summaries of railway traffic accidents nationwide (in accordance with Form No. 02 issued together with this Circular) on a monthly, biannual, and annual basis; update and post data on railway traffic accidents, results of administrative violations in the railway sector handled by public security units and localities, and related information and data on the Traffic Police website (http://csgt.vn) on a daily and monthly basis.

6. Monthly, every six months, and annually, the Vietnam Railway Administration shall provide the Highway and Railway Traffic Police Corps with data related to maintaining order and safety in railway traffic nationwide (total number of newly registered railway vehicles by type; total number of newly issued, renewed, or revoked driving licenses by vehicle type; total number of cases where driving licenses were revoked by vehicle type...); national strategies, plans, programs, projects, and proposals for developing railway transportation; national technical standards and standards in the field of railway infrastructure and transportation. Daily and monthly, the Vietnam Railway Administration shall update and post data on registration of railway vehicles, issuance of driving licenses, results of administrative violations in the railway sector handled by competent authorities in the transportation sector, and related information and data on the Vietnam Railway Administration website (http://vnra.gov.vn).

7. Monthly, every six months, and annually, the Vietnam Railway Corporation shall provide the Vietnam Railway Administration, the Department of Traffic Safety, and the Highway and Railway Traffic Police Corps with reports and summaries of railway traffic accidents within its management area (in accordance with Form No. 02 issued together with this Circular); provide the Highway and Railway Traffic Police Corps and the Vietnam Vehicle Inspection Corporation with data on train operation disruptions due to technical failures of railway works and vehicles; provide the Highway and Railway Traffic Police Corps and the provincial public security traffic police departments with data related to maintaining order and safety in railway traffic (violations of railway safety zones; level crossings; theft of railway materials, goods, and luggage; throwing rocks onto trains...). Daily and monthly, the Vietnam Railway Corporation shall update and post data on violations of railway safety zones, level crossings, theft of railway materials, theft of passenger property, and throwing rocks onto trains, and related information and data on the Vietnam Railway Corporation website (http://vr.com.vn).

8. The Vietnam Vehicle Inspection Agency shall provide the Highway Police Traffic Management Department, the Vietnam Railway Administration with information and data on railway traffic vehicle inspections on a monthly, six-monthly, and yearly basis; update and post inspection data on railway traffic vehicles on the Vietnam Vehicle Inspection Agency's website (http://vr.org.vn) on a daily and monthly basis.

9. The Vietnam Highway Corporation shall promptly provide the Highway Police Traffic Management Department, the Vietnam Railway Administration with relevant information and programs/projects concerning road traffic order and safety that relate to railway traffic safety (plans for building overpasses, underpasses through railways, guardrails separating roads from railways...).

Chapter III

IMPLEMENTATION

Article 9. Effective Date

This Circular takes effect from January 15, 2012.

Article 10. Responsibility for Implementation

1. Responsibilities of the Public Security Organs

a) The Administrative Police Management Department for Social Order and Safety shall be responsible for directing, inspecting, and guiding units within the People's Public Security Force in implementing this Circular; directing the Highway Police Traffic Management Department to take the lead and coordinate with the Road Safety Department and the Vietnam Railway Administration to organize annual reviews and five-year summaries on the implementation of this Circular;

b) The Heads of the General Departments, the Heads of subordinate units under the Ministry of Public Security, the Provincial Public Security Directors, and the Fire Prevention and Fighting Department Directors within their respective functions and duties shall be responsible for organizing the implementation of this Circular.

2. Responsibilities of agencies and units under the transport sector

a) The Road Safety Department shall be responsible for advising the leadership of the Ministry of Transport to direct, inspect, and guide related agencies and units under the transport sector in implementing this Circular; coordinating with the Highway Police Traffic Management Department and the Vietnam Railway Administration to organize annual reviews and five-year summaries on the implementation of this Circular;

b) Heads of agencies and units under the Ministry of Transport, Provincial Transport Department Directors within their respective functions and duties have the responsibility to organize the implementation of this Circular.

3. In the course of implementation, if any difficulties arise, they must be reported to the Ministry of Public Security (through the Administrative Police Management Department for Social Order and Safety) and the Ministry of Transport (through the Road Safety Department) for timely guidance.