Circular No. 09/2011/TT-BGTVT amends and supplements certain provisions related to administrative procedures concerning the type of railway business enterprises that must have a safety certificate and the conditions, procedures, and formalities for issuing a safety certificate issued together with Decision No. 61/2007/QĐ-BGTVT dated December 24, 2007 of the Minister of Transport.

CIRCULAR

Amending and supplementing certain provisions related to administrative procedures concerning the type of railway business enterprises that must have a safety certificate and conditions, procedures, and steps for issuing a safety certificate issued together with Decision No. 61/2007/QĐ-BGTVT dated December 24, 2007 of the Minister of Transport.

railway business enterprises must have a safety certificate and the conditions, procedures, and formalities for issuing the safety certificateissued together with Decision No. 61/2007/QĐ-BGTVT dated December 24, 2007 of the Minister of Transport

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Pursuant to the Railway Law dated June 14, 2005;

Pursuant to the Law on Legislative Acts of 03 June 2008;

Pursuant to Decree No. 24/2009/NĐ-CP dated March 5, 2009 of the Government detailing and providing implementation measures for the Law on Enacting Legal Normative Documents;

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

The Minister of Transport hereby promulgates:

Article 1.

Amending and supplementing certain provisions related to administrative procedures concerning the type of railway business enterprises that must have a safety certificate and conditions, procedures, and steps for issuing a safety certificate issued together with Decision No. 61/2007/QĐ-BGTVT dated December 24, 2007 of the Minister of Transport.

1. Article 8 shall be amended and supplemented as follows:

"Article 8. Procedures for Issuing Safety Certificates

1. Implementation procedures

a) Enterprises requesting issuance of a safety certificate shall submit the application dossier via postal service or directly to the Vietnam Railway Administration.

b) The Vietnam Railway Administration shall receive and review the dossier. If the dossier does not comply with regulations, the Vietnam Railway Administration shall notify the enterprise in writing within five working days from the date of receipt of the dossier and guide the enterprise to complete the dossier.

c) Based on the conditions for issuing safety certificates, the Vietnam Railway Administration shall issue a safety certificate to the enterprise within twenty days from the date of receipt of the complete dossier.

2. Dossier for Issuing Safety Certificates

a) Quantity of dossiers: One set.

b) Components of the application forms:

- For enterprises engaged in railway infrastructure operations:

+ Application form for issuing a safety certificate according to the model prescribed in Appendix 2 of this Regulation.

+ Report explaining the conditions for issuing a safety certificate for enterprises engaged in railway infrastructure operations as stipulated in Article 6 of this Regulation.

- For enterprises engaged in railway transport operations:

+ Application form for issuing a safety certificate according to the model prescribed in Appendix 2 of this Regulation.

+ Report explaining the conditions for issuing a safety certificate for enterprises engaged in railway transport operations as stipulated in Article 7 of this Regulation."

2. Article 10 is amended and supplemented as follows:

"Article 10. Reissuing Safety Certificates

1. Safety certificates shall be reissued to enterprises that have lost or had their certificates temporarily revoked under the following circumstances:

a) Proving that the enterprise has addressed the causes of the accident and implemented sufficient subsequent safety measures:

b) When meeting the conditions specified in Article 6 (for enterprises engaged in railway infrastructure operations) and Article 7 (for enterprises engaged in railway transport operations) of this Regulation.

2. Procedures for Reissuing Safety Certificates

a) Implementation Process

- Enterprises requesting reissuance of a safety certificate shall submit the application dossier for reissuance of a safety certificate via postal service or directly to the Vietnam Railway Administration.

- The Vietnam Railway Administration shall receive and review the dossier. If the dossier does not comply with regulations, the Vietnam Railway Administration shall notify the enterprise in writing within five working days from the date of receipt of the dossier and guide the enterprise to complete the dossier.

- Based on the conditions for reissuing safety certificates, the Vietnam Railway Administration shall reissue a safety certificate to the enterprise within twenty days from the date of receipt of the complete dossier."

b) Dossier for Reissuing Safety Certificates

- Number of dossiers: One set.

- Components of the dossier for enterprises engaged in railway infrastructure operations:

+ Application form for reissuance of a safety certificate according to the model prescribed in Appendix 3 of this Regulation.

+ Report explaining the conditions for reissuing a safety certificate for enterprises engaged in railway infrastructure operations as stipulated in Article 6 of this Regulation.

- Components of the dossier for enterprises engaged in railway transport operations:

+ Application form for reissuance of a safety certificate according to the model prescribed in Appendix 3 of this Regulation.

+ Report explaining the conditions for reissuing a safety certificate for enterprises engaged in railway transport operations as stipulated in Article 7 of this Regulation."

3. Clause 2 Article 11 is amended and supplemented as follows:

"2. Procedures for Exchanging Safety Certificates

a) Implementation Process

- Enterprises requesting exchange of a safety certificate shall submit the application dossier for exchanging a safety certificate via postal service or directly to the Vietnam Railway Administration.

- The Vietnam Railway Administration shall receive and review the dossier. If the dossier does not comply with regulations, the Vietnam Railway Administration shall notify the enterprise in writing within five working days from the date of receipt of the dossier and guide the enterprise to complete the dossier.

- Based on the conditions for exchanging safety certificates, the Vietnam Railway Administration shall exchange a safety certificate for the enterprise within ten days from the date of receipt of the complete dossier."

b) Dossier for Exchanging Safety Certificates

- Number of dossiers: One set.

- Components of the dossier for enterprises engaged in railway infrastructure operations:

+ Application form for exchanging a safety certificate according to the model prescribed in Appendix 4 of this Regulation.

+ Report explaining the conditions for exchanging a safety certificate for enterprises engaged in railway infrastructure operations as stipulated in Article 6 of this Regulation.

- For enterprises engaged in railway transport operations:

+ Application form for exchanging a safety certificate according to the model prescribed in Appendix 4 of this Regulation.

+ Report explaining the conditions for exchanging a safety certificate for enterprises engaged in railway transport operations as stipulated in Article 7 of this Regulation."

4. Replace Appendix 2 and add Appendices 3 and 4 as follows:

a) Appendix 2: Application Form for Issuing a Safety Certificate.

b) Appendix 3: Application Form for Reissuing a Safety Certificate.

c) Appendix 4: Application Form for Exchanging a Safety Certificate.

Article 2. Effective Date

This Circular takes effect forty-five days from the date of issuance.

Article 3. Responsibilities and Implementation Organization

1. The Vietnam Railway Administration shall organize the implementation and supervise the implementation of this Circular.

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